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DEPT. OF LABOR & INDUS. v. LANIER BRUGH

Nos. 56192-8-I, 56821-3-I.

147 P.3d 588 (2006)

DEPARTMENT OF LABOR AND INDUSTRIES, Respondent, v. LANIER BRUGH, a foreign corporation; Skyline Mail Carriers, Inc., a foreign corporation, Appellants, and Dill's Star Route, Inc., a foreign Corporation, Defendant.

Court of Appeals of Washington, Division 1.

Publication Ordered and Reconsideration Denied November 22, 2006.

Attorney(s) appearing for the Case

Amanda J. Goss, Attorney General Office, Seattle, WA, for Respondent.

Philip Albert Talmadge, Talmadge Law Group PLLC, Tukwila, WA, for Appellants.

GROSSE, J.

¶ 1 The question of whether federal law preempts state law is governed by the intent of Congress. Congressional intent to preempt state law may be found in three ways. First, Congress may express a clear intent to preempt state law. Second, the scheme of federal regulation may be sufficiently comprehensive to make reasonable the inference that Congress left no room for supplementary state regulation. Third, preemption will be found when there is an...

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