Posts tagged unconstitutional
Freedom Foundation Challenges Oregon’s Unconstitutional Speech Law in Federal Court
February 17, 2026 // “We made a strong constitutional case today. HB 3789 uses undefined terms and severe financial penalties to target speech the unions don’t like,” said Freedom Foundation Litigation Counsel Rebekah Schultheiss. “The First Amendment doesn’t allow that, and we’re confident the court will recognize this law for what it is.” The law, which took effect on Jan. 1, allows unions to sue the Freedom Foundation for “impersonating” a union.
A new California law gives the state more power over workplaces. Trump is suing to block it
January 1, 2026 // With the NLRB unable to fulfill its duties, states are trying to fill the gap in enforcing the National Labor Relations Act, which Congress passed in 1935. But labor experts contacted by CalMatters do not have high hopes for the California law, which is similar to a law passed in New York this year. They said courts, including the Supreme Court, have ruled that states cannot decide matters pertaining to federal labor law because of preemption, the doctrine that a higher authority of law overrides a lower authority.
Wonderful vows to fight pro-union ‘card check’ law after court rules lawsuit improper
December 9, 2025 // Cooper said the decision does not explicitly address the merits of Wonderful Nurseries constitutional challenge, which a lower court has already concluded has merit, he said. Also, the decision does not interfere with a separate lawsuit filed in federal court by nearly two dozen workers represented by the Right to Work Foundation, he said. “And nothing in the ruling prevents the Superior Court from deciding that the Card Check law indeed violates the California and federal Constitutions, a decision we look forward to,” he said.
Court rejects New York bid to take over federal labor enforcement
December 2, 2025 // Unions have been pushing labor-friendly states to pass laws allowing state officials to take over workplace enforcement matters when the NLRB cannot respond in a timely manner. New York and California have been leading in this effort, passing laws to that effect in September. The laws give unions a potentially major legal advantage over businesses in workplace disputes, including contested union elections. The laws would only come into play if the NLRB itself is inactive, but that’s been an increasingly common phenomenon in recent years. The NLRB’s five-member board is currently down to just one member due to a combination of members’ terms expiring, some firings by the Trump administration, and slow Senate confirmations.
California court drops Wonderful Co. lawsuit against farmworker unionization efforts
December 1, 2025 // Craig Cooper, general counsel of The Wonderful Company, said in a statement on Tuesday the court ruling doesn’t prevent the Superior Court from finding the card check law to be unconstitutional, which is a decision that Wonderful “(looks) forward to.” “The decision explicitly does not address the merits of Wonderful Nurseries’ constitutional challenge, which a lower court has already concluded has merit, and does not in any way interfere with the lawsuit that two dozen Wonderful Nurseries employees have brought challenging the legality of this forced unionization scheme,” Cooper said in the statement.
Unions sue over Trump administration’s political ‘loyalty’ hiring plan
November 7, 2025 // Unions representing federal workers filed a lawsuit on Thursday challenging a decision by U.S. President Donald Trump's administration to include what they said is a partisan "loyalty question" in more than 1,700 job posts since October's start.
Starbucks Baristas File Brief Urging Supreme Court to Allow President to Remove Rogue Agency Officers
October 21, 2025 // The brief concludes with the Foundation’s legal argument that Humphrey’s “cannot neuter the President’s ability to supervise those who exercise substantial parts of [executive] power.” Therefore, the Supreme Court “should make clear that the President’s removal power applies to every agency that exercises executive power, including the NLRB.”
Dollar store workers fight to improve jobs, even without a union
October 17, 2025 // In 2022, Williams joined an organization that seemed, to him, like his best shot: Step Up Louisiana. Like several successful campaigns before it, Step Up organizes workers to improve their jobs, but stops short of calling for a union under the National Labor Relations Board. The approach, sometimes referred to as “premajority unionism,” is a natural fit for places like the South, with histories of public hostility to unions. Today, suggest experts, it may also be workers’ best bet for building power amid the hostility of the Trump administration.
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead
October 13, 2025 // California’s legislation comes on the heels of and follows the same logic behind New York’s recently enacted “NLRB Trigger Bill” that similarly empowers the Empire State’s PERB to step into the shoes of the Board, which we covered here. The NLRB has lacked a quorum for months and as a result remains unable to process appeals from decisions by Board administrative law judges or regional directors in unfair labor practice or representation cases. However, AB 288 will likely face similar legal challenges to New York’s “NLRB Trigger Bill,” which the Board has sued over, as we covered here. Specifically, AB 288 may be preempted by the National Labor Relations Act (“NLRA” or “Act”), which covers most private-sector employees, under longstanding Supreme Court precedent.
Amazon sues New York over union protections
September 24, 2025 // In a lawsuit filed Tuesday in U.S. District Court in New York City, Amazon argues that a newly minted state law giving the New York State Public Employment Relations Board authority to oversee union elections and resolve unfair labor practice charges is an "unconstitutional power grab" that's preempted by federal labor laws. Amazon was seeking a temporary restraining order blocking the law, but U.S. District Court judge Eric R. Komitee rejected that request in an order issued late Tuesday, citing a lack of notice to defendants named in the lawsuit. Lawyers for Amazon said the New York law "flips U.S. labor law on its head" by giving the state's PERB jurisdiction over every private-sector employer "until the NLRB gets a court to hold otherwise."