NLRB Sues State of New York to Enjoin Enforcement of New Law

The National Labor Relations Act (“NLRA”) governs private sector labor relations in the United States. If there is a labor dispute between a private sector employer and an employee, then the National Labor Relations Board typically has jurisdiction – at least, that’s how it’s been until early September. 

Recently, states have sought to challenge the exclusive jurisdiction of the NLRB over private sector labor relations within their own borders. On September 5, 2025, the Governor of New York signed into law an amendment to Section 715 of the New York State Labor Relations Act . Previously, New York’s labor relations act did not apply to employees whose employer concedes to the jurisdiction of the NLRA (or the federal labor relations act) or employees of the state of New York. Following the new amendment, Section 715 may apply to private sector employees unless the “national labor relations board successfully asserts jurisdiction over any employer, employees, trades, or industries pursuant to an order by the federal district court.”  This amendment essentially requires the NLRB to seek a court order any time it wants to assert jurisdiction over a labor dispute. Big changes, abound! 

But not quite yet. Early this week, the NLRB filed a lawsuit to enjoin enforcement of the amendment. The NLRB asserts that the NY amendment is preempted by the NLRA under the Supremacy Clause of the United States Constitution because the amended law allegedly seeks “to regulate areas explicitly reserved for federal oversight, creating a parallel regulatory framework that conflicts with the NLRA.” 

New York is not the only state to put forth legislation taking aim at the NLRB. California and Massachusetts have similar bills that would empower state boards to adjudicate private sector labor relations. You may be asking – what about Connecticut? While Connecticut has a private sector labor relations act (the Connecticut Labor Relations Act), it does not seek to supplant the NLRB and only applies to private sector employees if the NLRB “has declined to assert jurisdiction.”  

Changes to Connecticut’s Labor Relations Act are not anticipated. But we will be monitoring the NLRB’s challenge to the State of New York. If New York prevails, the land of private sector labor relations may change – for the better? For the worse? Time will tell.