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National Labor Relations Board › Preemption › Constitutional Challenges

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Husch Blackwell LLP

Challenge to Minnesota Captive Audience Law Dismissed

Husch Blackwell LLP on

Captive audience meetings are employer sponsored meetings where the employer requires employees to attend and listen to the employer position concerning a union organizing effort. The meeting is intended to dissuade workers...more

BakerHostetler

‘Oh... That Preemption’: National Labor Relations Board Acting General Counsel Responds to State Legislation That Seeks To...

BakerHostetler on

As we reported in July, with the National Labor Relations Board (NLRB or the Board) in a state of limbo since the beginning of President Donald J. Trump’s second term, several states, including New York, are considering...more

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

Fox Rothschild LLP

States Pondering ‘Trigger’ Legislation to Enforce the National Labor Relations Act

Fox Rothschild LLP on

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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

Foley Hoag LLP - Cannabis and the Law

Oregon Won’t Enforce LPA Requirement After Law Declared Illegal – Similar Laws in Other States Are Also Ripe for Challenge

Foley Hoag LLP - Cannabis and the Law on

A federal judge in Oregon has struck down the requirement that cannabis companies enter into a labor peace agreement (LPA) as a condition of obtaining or renewing a license. See Casala v. Kotek, D. Oregon, May 20, 2025....more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

Sheppard Mullin Richter & Hampton LLP on

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

Weintraub Tobin on

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Jackson Lewis P.C.

Showdown Over Workplace Speech – Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing

Jackson Lewis P.C. on

On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more

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