Compliance Stuff

At a Glance The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters. NLRB Challenges California Over New Labor Law  The National Labor Relations Board (NLRB) on Thursday filed suit against the state of California and the Public Employment Relations Board (PERB) in the U.S. District Court for the Eastern District of California over the state’s newly enacted labor law (AB 288), which grants broad authority to the state’s PERB to regulate private sector labor disputes and union elections when the parties have not received a timely determination or remedy from the NLRB. The NLRB argues the new law is preempted by the National Labor Relations Act and seeks an injunction against its enforcement “because it creates a parallel regulatory system that undermines the federal labor policy Congress designed to be national in scope.” For additional analysis of AB 288, read  here . This legal challenge...

California’s labor landscape is changing with the passage of  Assembly Bill (AB) 288 , which expands both worker rights and the authority of the state’s Public Employment Relations Board (PERB). Employers should be aware of these changes, as they may impact workplace policies, union interactions, and the handling of labor disputes . PERB is a state agency that has traditionally overseen labor relations for public sector employees in California. The agency is viewed as very pro-employee, and more so than the National Labor Relations Board (NLRB), which is its federal counterpart.   PERB administers and enforces laws related to collective bargaining and unfair labor practices for public employees, such as teachers and state workers. With AB 288, PERB’s authority is now extended to certain private-sector workers under specific circumstances. Expanded Worker Rights AB 288 reaffirms and broadens California workers’ rights to organize, join, and support labor organizations, and to ...

The National Labor Relations Board (NLRB) just sued New York over its new labor law that attempts to regulate areas that the Board claims are “explicitly reserved for federal oversight. ” As more states consider measures to protect workers as federal labor regulation remains uncertain, the NLRB is making its stance clear through its September 12 lawsuit by arguing these types of measures are preempted by the National Labor Relations Act (NLRA). We’ll explain everything that employers and labor practitioners need to know. Quick Background For most of this year, the Board has lacked the three-member quorum it needs to adjudicate cases or set new legal precedent. (Get caught up by reading our prior insights  here ,  here , and  here ). On top of the quorum issue, a federal appeals court  recently halted the NLRB from prosecuting unfair labor practice complaints  as several courts hear constitutional challenges to the agency’s structure. In response, several states...