WASHINGTON, D.C. (Oct. 8, 2025) – NFIB filed an amicus brief in the case National Labor Relations Board v. N.Y. State Public Employment Relations Board, et al. at the U.S. District Court for the Northern District of New York. The case considers whether a New York law that increases a state agency’s authority over private-sector labor relations violates the National Labor Relations Act (NLRA) by usurping authority over labor relations from the National Labor Relations Board (NLRB). NFIB filed the amicus brief with several key business groups.

“Small businesses are already inundated with onerous regulations and high operating costs,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “This law simply adds to that burden by creating a duplicative regulatory body for small businesses in New York. Congress established the NLRB to create one unified set of laws governing labor matters for all states. New York wants to ignore the will of Congress to add yet another layer of compliance for the state’s already-struggling Main Street businesses.”

NFIB’s brief argues two main points: 1) As amended, section 715 of the New York Labor Law is exclusive even when the NLRB cannot or will not exercise jurisdiction, and 2) Section 715 will undermine the stability provided by a national, uniform system and will sow chaos in national labor markets. The brief was filed with Associated Builders and Contractors (ABC); Associated General Contractors, New York State; the Business Council of New York State, Inc.; the U.S. Chamber of Commerce; and the Washington Legal Foundation (WLF).

NFIB recently joined a coalition of businesses in filing an amicus brief in in the case Amazon.com Services LLC v. N.Y. State Public Employment Relations Board, et al. at the U.S. District Court for the Eastern District of New York challenging the same law. That case is still ongoing.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.