Labor & Employment Law Daily Wrap Up, ON THE LABOR FRONT—Garmon trumps New York’s effort to undermine NLRB. Will California law meet similar fate?, (Jul 29, 2026)

By Michael J. Soltis

That the SERA Amendment was voided is no surprise.

New York’s law to provide a state alternative to the National Labor Relations Act (NLRA) is dead. In mid-July 2026, a federal court judge declared that the law “is unconstitutional, null, and void” and permanently enjoined the state from enforcing it.

The 2025 SERA Amendment subjected most private sector employers to the state’s Public Employment Relations Board (PERB), robbing the National Labor Relations Board (NLRB) of its exclusive jurisdiction unless a court ordered otherwise.

Amazon fought the fight that led to the law’s demise. The Amazon Workers Union No.1, which represents employees at Amazon’s JFK Fulfillment Center, filed an unfair labor practice charge with the New York PERB alleging that Amazon terminated an employee because of his union activity. Amazon sued to enjoin the proceedings arguing that the SERA Amendment was preempted by the NLRA.

To read more about the court’s rejection of PERB arguments seeking to grant it jurisdiction over cases traditionally within the exclusive jurisdiction of the NLRB, see Mike Soltis’ latest On the Labor Front article: Garmon Trumps New York’s Effort to Undermine NLRB. Will California Law Meet Similar Fate?

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