News & Analysis as of

Federal Labor Laws Preemption National Labor Relations Board

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRA Preempts New Jersey Whistleblower and Antidiscrimination Law Claims, Federal Court Rules

In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law...more

BakerHostetler

‘Preemption? What Preemption?’ New York Bill Attempts To Supplant the NLRB

BakerHostetler on

The National Labor Relations Board (NLRB or the Board) has been in a state of limbo since the beginning of President Donald J. Trump’s second term. Now, New York is trying to fill that void....more

Sheppard Mullin Richter & Hampton LLP

New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more

Jackson Lewis P.C.

Puerto Rico High Court Confirms Employers Need to Check NLRA Preemption of Local Employment Law Claims

Jackson Lewis P.C. on

The Puerto Rico Supreme Court has reaffirmed that Puerto Rico courts lack subject-matter jurisdiction over employment claims that arguably involve unfair labor practices covered by the National Labor Relations Act (NLRA). ...more

Seyfarth Shaw LLP

Did the NLRB Preempt Non-Compete Litigation?

Seyfarth Shaw LLP on

Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain...more

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