Hamstrung NLRB Doesn’t Want States Grabbing Labor Power: Agency Challenges NY Law As More States Consider Similar Path
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...