Amazon Files Lawsuit to Stop New York State Labor Law

According to a report from Law360, Amazon has filed a lawsuit against the State of New York in effort to stop a labor law that it contends is preempted by the federal National Labor Relations Act (NLRA). The Trump Administration supports the Amazon lawsuit against New York law. Here, our New York City employment attorney provides an overview of the lawsuit filed by Amazon.

What to Know About the New York State Law 

Senate Bill 8034A was recently enacted in New York. The law grants the New York State Public Employment Relations Board (PERB) broad jurisdiction over private-sector labor disputes unless and until the National Labor Relations Board (NLRB) successfully asserts federal jurisdiction in court. In other words, the law presumes PERB jurisdiction over private employers in the context of labor relations, including key issues such as oversight of union organizing, unfair labor practices, and collective bargaining. Under the statute, employers must defend union and labor disputes before PERB unless they obtain a federal court order to block state action. State lawmakers argue that the law responds to congestion at the NLRB due to lack of quorum.

An Overview of the Lawsuit from Amazon

The corporate giant Amazon has filed a federal complaint in an effort to halt enforcement of New York’s Senate Bill 8034A. The company argues that it is preempted by the National Labor Relations Act (NLRA). Specifically, Amazon emphasizes that the state statute encroaches upon federal control of private-sector labor relations. Among other things, the company asserts the law “flips U.S. labor law on its head” by imposing a default assumption of state jurisdiction unless challenged. Amazon’s complaint argues that Congress intended the NLRA to provide a uniform national labor policy that excludes state regulation of private-sector collective bargaining and unfair labor practices. Amazon’s case was filed in the United States District Court for the Eastern District of New York.

What Employers Should Know in New York 

It is unclear as to whether or not Amazon’s legal challenge will succeed in court. For the time being, here are some key things that employers in New York should know:

• Dual Jurisdiction Risk: Employers in New York may now face parallel proceedings in PERB and the NLRB over the same labor dispute.
• Change in Administrative Landscape: The shift presumes state oversight unless reversed, shifting the burden onto the employer to assert federal preemption.
• Documentation is Key: Employers should document labor relations, bargaining history, and union actions. Documentation is key to defending any labor law claim.

Speak to Our New York City Employment Lawyer Today

At Poulos LoPiccolo PC, our New York labor and employment lawyer puts clients first. If you have any questions about an employment law matter, please do not hesitate to contact us for a strictly private, no obligation initial case evaluation. With an office in New York, we handle employment law cases throughout all of the surrounding region.

Source:

law360.com/employment-authority/articles/2391085/amazon-says-ny-labor-law-update-steps-on-nlra