• The NLRB filed a lawsuit alleging that a New York law allowing the state to assert jurisdiction in private‑sector labor disputes “unlawfully usurps” its authority and is preempted by federal law.
• The lawsuit comes as the NLRB currently has only one member, David Prouty, and lacks a quorum to issue decisions.
• The litigation raises questions about the extent to which state laws are preempted under the National Labor Relations Act (NLRA).

On September 12, 2025, the NLRB filed suit in the U.S. District Court for the Northern District of New York, alleging that the New York law “unlawfully usurps the NLRB’s authority by attempting to regulate areas explicitly reserved for federal oversight, creating a parallel regulatory framework that conflicts with the NLRA.” The NLRB seeks a declaration that the law is preempted and an injunction barring New York from enforcing it.

New York Senate Bill 8034A / Assembly Bill 8590A (S.8034A/A8590A), which Governor Kathy Hochul signed on September 5, 2025, authorizes the New York State Public Employment Relations Board to assert jurisdiction over disputes between private employers, employees, and unions when the NLRB is unable to act effectively. Supporters contend the legislation is necessary if the NLRB cannot do so and is not preempted when the NLRB is functionally ineffective.

The NLRB alleges the law “creates a parallel regulatory system that undermines the federal labor policy Congress designed to be national in scope” and “creates an...

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