Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—NLRB sues New York over new labor law, (Sep 16, 2025)

By Brandi O. Brown, J.D.

“The enactment of S.8034A creates an instant conflict with the federal scheme because it disrupts the NLRB’s exclusive authority to regulate most private sector labor relations,” the complaint states.

On Friday, the National Labor Relations Board filed suit in the Northern District of New York against the State of New York and the Public Employment Review Board, contending that a recently enacted New York statute, which amends the New York State Labor Relations Act, unlawfully conflicts with the National Labor Relations Act.

Newly passed amendment. S.8034A, which amends Section 715 of the New York State Labor Relations Act, N.Y. Lab. Law § 715 (2025), was signed by New York State Governor Kathy Hochul on September 6, 2025. Less than a week later, the Trump administration has challenged it, arguing that it is preempted by the National Labor Relations Act.

S.8034A authorizes the New York State Public Employment Relations Board to assert jurisdiction over disputes between employers and recognized employee organizations if the National Labor Relations Board is unable to successfully assert jurisdiction.

When the legislation was passed, PERB Chair Timothy Connick explained that PERB was “ready to fill the void left by Trump’s NLRB and protect the rights of workers and organized labor across the state.”

NLRB claims preemption. However, the NLRB now claims that the state law “creates a parallel regulatory system that undermines the federal labor policy Congress designed to be national in scope.” It argues in the complaint that “States are prohibited from regulating any ‘activity that the [Act] protects, prohibits or arguably protects or prohibits,’ Wisconsin Dep’t of Indus. v. Gould Inc., 475 U.S. 282, 286 (1986)—i.e., activity that is subject to the regulatory jurisdiction of the NLRB. See San Diego Building Trades Council v. Garmon, 359 U.S. 236, 244—46 (1959).”

“The enactment of S.8034A creates an instant conflict with the federal scheme because it disrupts the NLRB’s exclusive authority to regulate most private sector labor relations,” the complaint states.

It alleges that Section 10(a) of the NLRA grants exclusive authority to the NLRB to prevent unfair labor practices affecting commerce and that while Section 14(c) of the Act allows the NLRB to decline jurisdiction in certain cases, this discretion “remains solely with the Board.”

The lawsuit seeks declaratory and injunctive relief.

The case is No. 1:25-cv-01283-GTS-ML.

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