High Court Sides with Preemption
There’s nothing new about a state law that ventures too far into the area of labor relations being nullified under the legal theory of preemption. In other words, the National Labor Relations Act (NLRA) controls labor law, and the Supreme Court is loathe to permit cracks to form in the NLRA’s armor. So, it’s not uncommon for the Court to say that a state law purporting to regulate labor relations is preempted by the NLRA.
In Chamber of Commerce v. Brown, organizations whose members do business with California sued to enjoin a California law which prohibited employers receiving state grants from using the funds to assist, promote, or deter union organizing. You know better than that, the Court’s majority said to the state of California. So, California could stop the funding. It just can’t prevent employers who receive state money from using it in connection with union organizing.
About Chris Parker
Chris Parker's practice focuses on the representation and counseling of companies in matters pertaining to the workplace and the protection of their intellectual property and trade secrets. In addition to serving as an advocate for clients, Mr. Parker is also trained as a mediator and frequently serves as a third-party neutral.
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About Jimmy Daniel
Jimmy Daniel provides counseling to businesses of all sizes related to the employment relationship. He assists in the drafting of employment agreements, policies, and handbooks, as well as provides guidance related to compliance with federal, state, and local legislation such as the Fair Labor Standards Act and the Family and Medical Leave Act.
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About Larry Bridgesmith
While serving in an Of Counsel relationship with the firm, Mr. Bridgesmith also serves as the Executive Director at the Institute for Conflict Resolution at Lipscomb University and as an officer and principal in Strategic Resolutions Group, LLC. In these roles, Mr. Bridgesmith brings over 30 years of legal experience in dispute resolution and innovative workplace strategies to clients, students and business entities alike.
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