Posts tagged Supremacy Clause

    NLRB Challenges California’s AB 288 as Preempted by Federal Law

    October 22, 2025 // The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution. As discussed in our prior update here, California recently joined New York in passing legislation that would allow state agencies to assume powers delegated to the NLRB by Congress

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

    June 10, 2025 // While several other states (such as Connecticut, New Jersey, New York, and Rhode Island) have LPA requirements, this ruling applies only to the Oregon law. Similar laws in other states are also ripe for challenge, and challenges are underway in some other states. Some industry players, however, have shied away from contesting the laws because of a desire not to upset the regulators upon whose good will they need to operate.