In Davis v. Benihana, Inc., the U.S. District Court for the District of New Jersey dismissed the plaintiff-employee’s claims for retaliation under the New Jersey Conscientious Employee Protection Act (CEPA) and New Jersey Law Against Discrimination (NJLAD) finding that such claims were completely preempted under the National Labor Relations Act (NLRA) as they were “arguably subject” to Section 7 and Section 8 of the NLRA. As a result, the court held that the National Labor Relations Board (NLRB) had “exclusive jurisdiction” over such claims and dismissed plaintiff’s complaint. The Davis case confirms that claims under state law alleging that the plaintiff suffered an adverse employment action for discussing their wages with a coworker are preempted by the NLRA and must be brought before the NLRB.

• The U.S. District Court for the District of New Jersey dismissed a plaintiff’s retaliation claims under CEPA and NJLAD, finding them preempted by the NLRA.
• In Davis v. Benihana, Inc., the court ruled that the NLRB has exclusive jurisdiction over claims related to discussing wages with coworkers.
• The court concluded that the plaintiff’s claims under CEPA and NJLAD were preempted by the NLRA, as they presented a risk of interference with the NLRB’s primary jurisdiction.

Aaron Davis, who worked as a chef at a Benihana, Inc., restaurant, alleged in his complaint that the company terminated his employment for discussing wages with a coworker and for refusing to comply with a demand...

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