News & Analysis as of

Government Agencies Constitutional Challenges State Labor Laws

Fox Rothschild LLP

State Labor Bills are 'Very Likely' Unconstitutional, Top NLRB Lawyer Says

Fox Rothschild LLP on

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

Littler

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

Littler on

Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New...more

Seyfarth Shaw LLP

New York Bill Aiming to Protect Organized Labor Seeks to Overstep the Purpose and Scope of the NLRA and NLRB

Seyfarth Shaw LLP on

On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul’s desk, aims “[t]o make sure employees still receive...more

Seyfarth Shaw LLP

I’ll Be Back: Oregon OSHA’s “For-Cause” Inspection Program May Result in an Unlawful Return Visit

Seyfarth Shaw LLP on

Oregon OSHA institutes program for comprehensive follow-up inspections based on an employer’s violation history, which necessitates employer care during inspections and negotiation of settlements....more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government...more

Eversheds Sutherland (US) LLP

Employee benefit and employment law regulations after Loper Bright

In the US, the relationship between employers and employees is heavily regulated by statute at both the state and federal level, and the provision of employee benefits is also highly regulated, primarily at the federal level....more

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