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Total Articles: 2

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos. Recently however, the Ninth Circuit decided that Congress, not California, has the paramount authority to regulate labor relations in Indian Country, and that the National Labor Relations Act (NLRA) applies to tribal casinos. With federal authority confirmed, tribes can challenge state interference in their labor relations as a violation of federal law.

Supreme Court Strikes Down California Labor Law.

The U.S. Supreme Court delivered a substantial victory for those employers who choose to take efforts to fend off union campaigns at their workplaces. In a 7 to 2 decision, the Court found that the National Labor Relations Act (NLRA) preempts a California law that prohibits certain employers from using State funds to assist or deter unionization efforts by their employees. A contrary decision could have opened the door for other states to utilize their spending and regulatory power to restrict employer free-speech rights during union organizing campaigns.
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