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Source Tenth Amendment Tenth Amendment Matched to this deck.

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0 tracked cards Constitutional Law

A federal wage statute requires employers engaged in interstate commerce to pay overtime after 40 hours per week. The statute applies to private bus companies and to state-owned transit authorities. A state transit authority argues that public transportation is a traditional state function and that the Tenth Amendment exempts it from the overtime rule.
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The overtime requirement is valid only if it applies exclusively to public employers. The overtime requirement is likely valid if it is a generally applicable wage-and-hour rule supported by the commerce power and does not require the state to regulate private parties. The overtime requirement is valid only if the state consents each year to federal labor regulation. The overtime requirement is invalid because the Tenth Amendment bars all federal laws that increase state spending.

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