NLRB Alleges New York State Labor Law Preempted by NLRA

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, 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 instant conflict with the federal scheme because it disrupts the NLRB’s exclusive authority to regulate most private‑sector labor relations.”

The lawsuit follows media comments by NLRB Acting General Counsel William Cowen, who called the New York law an attack on the NLRB’s “core jurisdiction” and defended the agency’s ability to handle its duties, including representation petitions, union elections, certification of bargaining representatives, and adjudication of labor disputes.

Turnover at the NLRB

The NLRB enforces the NLRA, conducts representation elections, adjudicates unfair labor practices, and oversees other labor relations issues involving most private employers, employees, and unions. Generally, states may not regulate activities protected, prohibited, or otherwise covered by the NLRA, which the Supreme Court of the United States has held preempts state and local laws.

Vacancies at the NLRB have complicated the issue and likely contributed to New York’s adoption of S.8034A/A8590A. The five‑member Board has lacked a quorum necessary to issue binding decisions since President Donald Trump removed Member Gwynne Wilcox (aside from a brief period when a federal court reinstated Wilcox, a ruling later stayed by the Supreme Court). At the time of Wilcox’s removal, two Board seats were already vacant. Member Marvin Kaplan’s term expired on August 27, 2025, leaving the Board with a single member, David Prouty. Although the president has nominated two individuals to the Board, Scott Mayer and James Murphy, both must still be confirmed by the full U.S. Senate.

Next Steps

New York’s attempt to assert jurisdiction over federal labor relations issues is the latest development in the evolving labor law landscape under the Trump administration. Although this development has created additional uncertainty for employers, it could open the door to new federal labor law developments, including potential legislative changes to the NLRA. The NLRB’s lawsuit over New York S.8034A/A8590A should prove instructive for other states considering stepping in with additional labor regulations to address perceived gaps at the federal level.

Ogletree Deakins’ Traditional Labor Relations Practice Group will continue to monitor developments and will provide updates on the Governmental Affairs, New York, and Traditional Labor Relations blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

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