New York, California, and the NLRA: The Future of American Labor Law episode artwork

EPISODE · Jan 29, 2026 · 1H

New York, California, and the NLRA: The Future of American Labor Law

from FedSoc Forums · host The Federalist Society

Last year was a tumultuous one for labor law. Not only was the National Labor Relations Board stalled by the firing of then-Member Gwynne Wilcox, but the Board itself came under fire in lawsuits challenging its current structure. Perceiving a gap, lawmakers in California and New York stepped in, authorizing local agencies to take up much of the Board’s work. Those laws, however, have each been blocked by federal district courts. In separate decisions, these courts found federal law preempted the state laws, despite the Board’s tribulations.Were those decisions right? Will they hold? And if they do, what do they mean for the future of federal–state relations? Join our panel as they look forward to the next chapter of American labor law.Featuring:Prof. Benjamin I. Sachs, Kestnbaum Professor of Labor and Industry, Harvard Law SchoolAaron B. Solem, Staff Attorney, National Right to Work Foundation(Moderator) Alexander T. MacDonald, Shareholder & Co-Chair, Workplace Policy Institute, Littler Mendelson P.C.

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