As the National Labor Relations Board (“NLRB”) remains hamstrung by a months-long lack of quorum, the dynamics of U.S. labor relations are shifting in real time. States are moving to fill the void by enacting laws that test the boundaries of federal preemption and reshape the federal framework that traditionally governs labor matters. At the same time, federal courts are beginning to push back on state efforts to intervene in labor matters. Most recently, a California federal court issued an injunction blocking enforcement of the state’s new “captive audience” law, finding it likely preempted by the National Labor Relations Act (“NLRA”) and unconstitutional under the First Amendment. Together, these developments underscore a turbulent period for employers navigating overlapping and sometimes conflicting labor law regimes at both the state and federal levels.
The NLRB Quorum Crisis and State-Level Power Grabs
The NLRB has lacked a quorum since early 2025, leaving it unable to issue decisions in unfair labor practice and union representation cases. As we previously reported here, in response, states such as California, Massachusetts, and New York have attempted to fill the gap by asserting jurisdiction over private-sector labor disputes traditionally in the NLRB’s domain.
California’s AB 288, for example, expands the jurisdiction of the state’s Public Employment Relations Board to cover petitions submitted by private-sector employees, which ordinarily are subject to the...
The Department of State Services (DSS) has said its decision to prosecute online publisher and politician, Omoyele Sowore, was based on the perceived security implications of a social media post i...