December 2, 2025

In an era where federal labor protections seem increasingly hollow, New York State's attempt to step in where the Trump administration's National Labor Relations Board (NLRB) has stepped back has hit a legal wall. Last week, a preliminary injunction was secured by Amazon, effectively stopping New York from enforcing its revised State Employment Relations Act (SERA), which sought to extend protections to a broader range of workers.
Historically, SERA protected agricultural workers and non-employee contractors, groups not covered by the National Labor Relations Act (NLRA). In response to the Trump administration leaving the NLRB without a quorum, thus critically weakening it, New York expanded SERA in September to cover workers usually under federal oversight. However, this expansion was challenged on the grounds that it infringed on federal territory, a domain governed by the NLRA.
The principle at the heart of this legal battle is the Supremacy Clause of the U.S. Constitution, which was cited by Judge Eric Komitee of the Eastern District of New York. He applied longstanding precedents from the Supreme Court cases Garmon and Machinists, which restrict states from intervening in areas arguably covered by the NLRA. According to these rulings, when an activity is even remotely within the NLRA’s scope, states must defer to the NLRB’s exclusive competence.
This legal interpretation underscores a broader issue: what happens when the federal entity supposed to protect workers' rights is incapacitated or fails to act? The federal government, under the Trump administration, not only stripped the NLRB of its functionality by ensuring it lacked a quorum but also by appointing members who are perceived as hostile to the very labor protections the agency is meant to enforce.
Judge Komitee recognized New York's argument that these were historically unique circumstances that necessitated state intervention. However, he noted that the Supreme Court’s rulings offer no leeway for "unique circumstances" exceptions, which left him bound to apply the law as it stands, even acknowledging the paradox it creates.
The situation presents a constitutional conundrum where the federal law claims authority yet abdicates responsibility, leaving states unable to act due to a technical presence of federal law. This scenario has effectively turned the Supremacy Clause into a tool that prevents states from protecting workers when the federal government fails to do so.
This case not only highlights the limitations of state power in the realm of labor relations but also points to a larger issue of federal accountability and effectiveness. As things stand, New York's attempt to provide protections where the federal government has faltered has been thwarted, leaving workers in a precarious position with limited recourse at the state level. This incident serves as a stark reminder of the intricate balance between state and federal powers and the real-world implications of their interplay on worker protections.