The National Labor Relations Board (NLRB) has filed a lawsuit challenging a recently enacted New York State law that would allow the state to assert jurisdiction over private sector labor disputes when the state believes the NLRB is unable to act effectively, asserting the law is preempted by federal labor law. The challenge raises significant questions about state authority to regulate labor relations as the five-member NLRB remains without a quorum to issue binding decisions.

Quick Hits

• 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,...

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