News & Analysis as of

Supremacy Clause Preemption The National Labor Relations Act

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

Sheppard Mullin Richter & Hampton LLP

Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will...

On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more

Proskauer - Labor Relations Update

NLRB Sues Oregon Seeking To Invalidate State Law Prohibiting “Captive Audience” Meetings

On February 7, 2020 the National Labor Relations Board (“NLRB”) sued the State of Oregon in federal court seeking a declaratory judgement to invalidate a state statute that protects employees who refuse to attend lawful...more

Sheppard Mullin Richter & Hampton LLP

AB 1291 Forces California Cannabis Companies To Sign “Labor Peace Agreements” With Unions, But Statute May be Unconstitutional

On October 12, 2019, Governor Newsom signed Assembly Bill 1291 (“AB 1291”) into law, which requires companies to sign a so-called “labor peace” agreement with a union or risk losing their cannabis license; thereby,...more

Seyfarth Shaw LLP

The State Of Union Funding - California And The Ninth Circuit Show How States Might Try To Mitigate The Effect of Janus

Seyfarth Shaw LLP on

Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more

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