Posts tagged Supremacy Clause of the U.S. Constitution
Federal Court Permanently Enjoins New York State’s Effort to Replace the NLRB
August 5, 2026 // The Court also noted that the NLRB regained a quorum less than one month after the preliminary injunction was issued, thus restoring the Board’s ability to function and undermining the defendant’s argument that the inoperability of the NLRB required expanded state jurisdiction. Accordingly, the Court granted summary judgment in Amazon’s favor, declared the SERA Amendment unconstitutional, and permanently enjoined its enforcement. The Court then dismissed the remaining claims as unnecessary in light of that relief. Shortly thereafter, the NLRB and New York State stipulated to the dismissal of their parallel litigation in the Northern District.
National Labor Relations Board sues to block New York labor law
September 22, 2025 // The suit claims that S8034A/A8590A creates a regulatory system in conflict with the National Labor Relations Act, alleging that it usurps the NLRB’s authority to regulate the private sector. It wants the court to declare the law invalid because it’s preempted by the NLRA under the Supremacy Clause of the U.S. Constitution. The complaint also asks the court for an injunction to stop the state from enforcing the law. S8034A/A8590A, signed into law by Gov. Kathy Hochul (D) at the New York City Labor Day Parade, amends the State Labor Relations Act to allow the PERB to enforce collective bargaining agreements and certify bargaining representatives. It took effect immediately upon being signed.