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Amazon Sues New York to Block Law Letting State Board Police Private-Sector Labor Cases

The case tests New York’s bid to fill an NLRB enforcement gap created by a loss of quorum.

Overview

  • Amazon filed a complaint in Brooklyn federal court on Sept. 22 seeking to enjoin the New York Public Employment Relations Board from enforcing Senate Bill 8034A.
  • The company says the statute usurps the NLRB’s primary authority and improperly presumes PERB jurisdiction over private employers until a court rules otherwise.
  • PERB has already invoked the law by filing a charge over the Aug. 9 firing of Brima Sylla at Amazon’s JFK8 facility while the NLRB was reviewing the same matter.
  • The NLRB separately sued New York on Sept. 12, creating parallel federal challenges to the state’s new enforcement regime.
  • Governor Kathy Hochul signed the measure on Sept. 5 citing worker protection during an NLRB backlog, as the agency’s acting general counsel has argued federal law likely preempts such state steps.