Amid growing concerns about the continued absence of a quorum at the National Labor Relations Board (NLRB) and the resulting inability of the NLRB to issue decisions in representation and unfair labor practice cases, the New York State Legislature concluded its session by passing S8034A/A8590, a bill that would significantly expand the state’s authority in labor matters traditionally handled by the NLRB pursuant to the National Labor Relations Act (NLRA). The bill passed the Assembly on June 17, 2025, by a vote of 128-14, following a 57-1 vote in the Senate the week before. It now awaits review by Governor Kathy Hochul, who has not yet publicly indicated whether she will sign it.
The bill is part of a broader trend among states to expand “state’s rights,” this time in the labor law space which has historically been largely left to the federal government. Supporters of the bill have argued that state legislation is necessary to protect workers’ rights and that the New York State Constitution authorizes New York State to step in the shoes of the federal government when the federal government is unable to act. Opponents of the bill will argue that it creates inconsistency with federal law and undermines the supremacy of federal law.
Bill Summary
The bill proposes to amend Section 715 of the New York Labor Law to expand the New York’s Public Employment Relations Board’s (PERB) jurisdictional reach. Presently, PERB’s authority extends only to public sector employees and private...
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