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National Labor Relations Board › State Labor Laws › 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 -
Amundsen Davis LLC

Eighth Circuit Dismisses Challenge to Minnesota’s Captive Audience Ban

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On September 3, 2025, in Minnesota Chapter of Associated Builders and Contractors v. Ellison, et al., the U.S. Court of Appeals for the Eighth Circuit, in a 2-1 ruling, dismissed a lawsuit challenging Minnesota’s captive...more

Husch Blackwell LLP

Challenge to Minnesota Captive Audience Law Dismissed

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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

Littler

Littler’s Workplace Policy Institute Presents: Labor Day Report – 2025

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Introduction  The first eight months of the Trump administration saw dramatic changes in labor and employment policy—from civil rights to traditional labor law to immigration—with more to come as key positions at oversight...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your September 2025 To-Do List

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Here are the top ten items you should tackle in September, based on the latest workplace law developments and upcoming critical compliance dates...more

BakerHostetler

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

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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

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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

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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

Littler

New York Legislature Proposes to Expand State Jurisdiction Amid Federal Uncertainty

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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

Fisher Phillips

NY Hits Play While NLRB on Pause: Inside the State’s New Labor Bill

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Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions....more

Sheppard Mullin Richter & Hampton LLP

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

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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

Seyfarth Shaw LLP

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

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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

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

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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

Venable LLP

The Current State of Captive Audience Meetings

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Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months....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

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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

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

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As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

Weintraub Tobin

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

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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

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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

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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