California, NY Laws May Shift US Labor Framework

New laws in California and New York claim state authority to handle private-sector labor disputes, an area long reserved for the National Labor Relations Board, Chris Marr reports.

The laws were enacted last month amid concerns about the NLRB’s ability to fulfill its duties while it lacks a quorum and faces other lawsuits. New York’s statute already faces two preemption challenges, and California’s may face similar lawsuits.

If the state laws survive, state boards in certain instances would oversee union representation elections and adjudicate unfair labor practice charges, potentially applying different standards and processes.

Implementation of the laws risks ...