NFIB Pushes Back on New York’s Attempt to Upend Longstanding Labor Law
NFIB Pushes Back on New York’s Attempt to Upend Longstanding Labor Law
October 1, 2025
Amazon.com v. N.Y. PERB concerns the exclusivity of the NLRB’s authority
WASHINGTON, D.C. (Oct. 1, 2025) – NFIB filed an amicus brief 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. 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.
“Navigating the minefield of local regulations on top of state laws on top of federal mandates is an overwhelming burden for small business owners,” said Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center. “Congress understood this when they passed the National Labor Relations Act (NLRA) as a way to standardize labor law across the country under the exclusive authority of the NLRB. New York’s recent attempt to wrest control over labor-related matters overtly disregards the intent of Congress and threatens to upend the current system of uniform and cohesive labor relations.”
NFIB’s brief argues two main points: 1) As amended, section 715 of the New York Labor Law contradicts the will of Congress, which designed the NLRA to be 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).
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.
NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.
Related Articles



