WLF Urges Court to Invalidate New York’s Novel Labor Law Under the Supremacy Clause

“New York’s law unlawfully usurps federal labor jurisdiction, creating chaos for interstate employers and undermining congressional intent.”
—Cory L. Andrews, WLF General Counsel & Vice President of Litigation

Click here for WLF’s brief.

(Washington, DC)—Yesterday, Washington Legal Foundation (WLF) urged the U.S. District Court for the Eastern District of New York to strike down an amendment to New York Labor Law § 715 as preempted by the National Labor Relations Act (NLRA). WLF contends that the law, enacted as Senate Bill 8034A earlier this month, impermissibly grants the New York Public Employment Relations Board (PERB) authority over private-sector labor disputes within the NLRB’s exclusive jurisdiction. WLF’s brief was prepared by Eli Freedberg of Littler Mendelson, PC.

The case stems from Amazon’s lawsuit challenging the amendment, which allows PERB to handle NLRA-covered matters unless the NLRB secures a court order to reclaim jurisdiction, prompted by NLRB quorum delays. The law, signed by Gov. Kathy Hochul, aims to address federal backlogs but risks eroding national labor standards at a time when California is considering adopting a similar measure.

In its amicus brief, WLF argues that the NLRA’s comprehensive framework, established in 1935, preempts state interference, as affirmed by Supreme Court precedents like San Diego Building Trades Council v. Garmon and Machinists v. Wisconsin Employment Relations Commission. The New York amendment’s delegation to PERB undermines federal authority, invites a patchwork of state labor rules, and burdens interstate commerce. To preserve the NLRB’s primacy, WLF asks the court to invalidate the law. The U.S. Chamber of Commerce, the National Federation of Independent Business, Associated Builders & Contractors, Associated General Contractors of New York State, and the Business Council of New York State also joined the amicus brief.