NLRA and LMRA Preemption of State Law: Key Considerations

Summary

This practice note discusses significant concepts under the federal labor preemption doctrine. Federal labor law generally preempts state and local labor laws and regulations for most private sector employers, employees, and unions with respect to matters that affect interstate commerce. This means that states and municipalities typically cannot regulate NLRA-covered labor/management relations and that the NLRB and federal courts have exclusive jurisdiction over most NLRA-covered labor disputes.