By Levi Sumagaysay, CalMatters
California is stepping up to protect the labor rights of private-sector workers with a new law that goes into effect today. This move comes as the federal agency responsible for these rights is caught in a difficult situation.
With the National Labor Relations Board (NLRB) struggling to function due to a lack of appointed members, California decided to take action. The NLRB, which typically oversees labor relations, has been hindered since President Trump dismissed its chairperson, Gwynne Wilcox, early in his second term. Since then, the board has been lacking the necessary members to operate effectively.
Assemblymember Tina McKinnor, who introduced this law, emphasized that California won’t stand by as workers face obstacles to organizing. She believes the law is essential amid federal inaction.
However, the future of this law is uncertain. The NLRB has filed a lawsuit against California, claiming that the state is overstepping its bounds by asserting authority on matters best left to federal oversight.
Labor experts are skeptical about the law’s survival in court. John Logan, a professor specializing in Labor and Employment Studies, remarked that it’s hard to envision courts allowing state laws to override federal labor rights. Historical precedent shows that courts, including the Supreme Court, typically rule in favor of federal authority in these cases.
William Gould, a former chairperson of the NLRB, echoed these concerns. He noted that the likelihood of courts siding with employees in California is slim unless there’s a shift in the Supreme Court’s stance.
Business groups, including the U.S. Chamber of Commerce, have also expressed concern. They argue that if California’s approach prevails, other states might create conflicting labor laws, complicating the landscape for businesses across the nation.
On the other hand, the California Labor Federation, which represents around 2 million workers, has highlighted an ongoing issue: even before the board’s troubles began, many cases were backlogged, allowing companies to sidestep fair bargaining.
If this new law is struck down, workers who have recently organized unions, like those at Amazon and Starbucks, may remain stuck without a contract. Experts warn that this situation could lead to further delays, making it even harder for workers to stand up for their rights.
“The NLRB’s dysfunction is a significant problem that requires urgent political reform,” said Gould, capturing the sentiment around the need for change in labor relations.
This ongoing conflict highlights the critical need for both state and federal solutions to protect workers’ rights effectively. As the situation unfolds, the future of labor relations in California could set an important precedent for the nation.
This article was originally published on CalMatters and is shared under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
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