Labor & Employment Law Daily Wrap Up, ON THE LABOR FRONT—NLRB preemption challenges to novel state labor laws: How have states fared in rebuffing those challenges?, (Sep 29, 2026)
Organizations Mentioned:National Labor Relations Board
By Michael J. Soltis
In the past few years, labor-friendly state legislatures have passed first-of-their-kind laws to help unions organize and represent private sector employees.
Legal challenges to these laws claim they unconstitutionally encroach upon our national labor policy under the National Labor Relations Act (NLRA). Preempted by the NLRA, in labor relations vernacular.
Preemption challenges have been lodged against recent state laws (1) transferring the jurisdiction of the National Labor Relations Board (NLRB) to state public employee relations boards; (2) requiring an employer to enter into a labor peace agreement (LPA) with a union as a condition of obtaining a license to operate in the cannabis industry; and (3) banning workplace “captive audience” meetings to discuss the union.
How have those state laws fared against these challenges? What is the likelihood any will survive?
To read more about the NLRA’s preemption principles, see Mike Soltis’ latest On the Labor Front article: NLRB Preemption Challenges to Novel State Labor Laws: How Have States Fared in Rebuffing Those Challenges?
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