New York Governor Kathy Hochul has signed into law legislation authorizing the New York State Public Employment Relations Board (PERB) to assert jurisdiction over disputes between employers and unions if the National Labor...more
9/11/2025
/ Constitutional Challenges ,
Employer Responsibilities ,
Federal Labor Laws ,
Jurisdiction ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
State Labor Laws ,
Unfair Labor Practices ,
Unions
Last week, the U.S. Court of Appeals for the Fifth Circuit said the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and enjoined the agency from conducting trials of unfair labor practice...more
8/27/2025
/ Administrative Law Judge (ALJ) ,
Appeals ,
Article II ,
Constitutional Challenges ,
Executive Authority ,
Government Agencies ,
Injunctions ,
Irreparable Harm ,
Labor Relations ,
NLRA ,
NLRB ,
Preliminary Injunctions ,
Separation of Powers ,
Unfair Labor Practices
State bills to regulate private sector labor disputes due to the National Labor Relations Board’s (NLRB) lack of a quorum — if enacted — would “very likely” violate the U.S. Constitution’s Supremacy Clause, according to NLRB...more
8/22/2025
/ Constitutional Challenges ,
Federal Labor Laws ,
Government Agencies ,
Labor Relations ,
NLRA ,
NLRB ,
Preemption ,
Proposed Legislation ,
State Labor Laws ,
State Legislatures ,
Supremacy Clause
Several states are considering “trigger” laws that would allow their own labor authorities to effectively enforce labor laws if the National Labor Relations Board (NLRB or Board) fails or is unable to do so.
This...more
7/15/2025
/ Constitutional Challenges ,
Corporate Counsel ,
Employer Responsibilities ,
Employment Litigation ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
NLRA ,
NLRB ,
Preemption ,
Quorum ,
State Labor Laws ,
Triggering Event ,
Unfair Labor Practices ,
Unions