Since January 2025, the National Labor Relations Board has had only two sitting members—one less than necessary for a quorum. When it lacks a quorum, the Board can’t do things like resolve alleged unfair labor practices or rule on election-related objections. Seeing a policy gap, some states are moving to fill it. California, New York, and Massachusetts are all considering legislation that would transfer at least some of the inactive Board’s duties to state agencies. These bills have sparked a controversy about federal preemption and the role of states in regulating labor relations. Our panelists will flesh out the debates and explain where the debate is likely to go in the coming months.
Featuring:
Alexander T. MacDonald, Shareholder & Co-Chair of the Workplace Policy Institute, Littler Mendelson P.C.
Prof. Benjamin I. Sachs, Kestnbaum Professor of Labor and Industry, Harvard Law School
(Moderator) G. Roger King, Senior Labor and Employment Counsel, HR Policy Association