Amazon.com has filed a lawsuit against the New York State Public Employment Relations Board (PERB) to stop the enforcement of a new state law. The company says the law illegally interferes with federal labor rules and oversteps the authority of the National Labor Relations Board (NLRB). Amazon claims that the law gives PERB too much power over private sector labor relations, including union organizing, collective bargaining, and workplace disputes.
The lawsuit was filed on Monday in the Brooklyn federal court. Amazon argues that New York has created an “unconstitutional power grab” by letting PERB act before the NLRB can review cases. The company says this could lead to conflicts between state and federal labor authority, which Congress intended to avoid.
The law in question, Senate Bill 8034A, was signed by Governor Kathy Hochul on September 5. The Governor said it was necessary to protect workers after the NLRB faced a lack of quorum. Since a member of the NLRB was removed in January by former President Donald Trump, hundreds of cases had been delayed, creating a backlog of labor disputes. The law allows PERB to step in temporarily while federal reviews are pending.
Amazon said that PERB has already used the law to file a charge against the company. This relates to the firing of Brima Sylla, a worker at Amazon’s JFK8 warehouse in Staten Island and a local union vice president. The firing took place on August 9. Amazon argues that the NLRB had already started its own review of the case, so PERB’s involvement is unnecessary and illegal.
“New York has flipped US labor law on its head,” Amazon said in its complaint. The company pointed out that the law assumes PERB has authority over every private employer until a court rules otherwise. Amazon believes this creates a conflict between state and federal authority, undermining the NLRB’s role in overseeing private sector labor matters.
The lawsuit is one of several legal actions challenging the law. On September 12, the NLRB itself sued New York in Albany federal court to block the law’s enforcement. The NLRB’s acting general counsel, William Cowen, said that federal law likely overrides similar state measures, especially because the agency is still handling a backlog of cases caused by its lack of quorum. Regional NLRB offices continue to process labor disputes, which the state law could complicate.
The case filed by Amazon is officially titled Amazon.com Services LLC v New York State Public Employment Relations Board in the U.S. District Court for the Eastern District of New York, case number 25-05311.
PERB did not respond immediately to requests for comment on Amazon’s lawsuit. Similarly, the office of New York Attorney General Letitia James, which enforces state laws, did not provide an immediate response. Amazon itself also had no additional comment beyond the court filings.
Amazon employs about 1.56 million full- and part-time workers at the end of 2024. Many of these workers are part of the private sector labor force potentially affected by the law. If the law is allowed to continue, private employers in New York could face new regulations and oversight by PERB, even in cases where federal labor rules already apply.
Critics of the law argue that it may create confusion for employers and employees. Companies may find themselves dealing with both state and federal labor authorities at the same time. Supporters of the law, including Governor Hochul, say it is necessary to protect workers while federal processes are delayed due to the NLRB backlog.
Legal experts note that the outcome of this case could have significant implications for labor relations in New York. If the court sides with Amazon and the NLRB, the law may be blocked or restricted. However, if the state wins, PERB could gain broader authority over private employers, potentially affecting union activity and workplace disputes across the state.
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The lawsuit also highlights broader concerns about the balance of power between state and federal governments in regulating labor. The U.S. has long relied on federal law, through the NLRB, to oversee labor issues for private companies. State interventions are rare and often challenged in court.
Until a federal judge issues a ruling, the enforcement of the law remains uncertain. Amazon’s lawsuit seeks to prevent PERB from taking further action under the law while the case is ongoing. Observers are watching closely, as the case could set a precedent for how far states can intervene in private sector labor relations.
In the meantime, New York state officials and labor unions continue to debate the law’s effectiveness. Some workers support the law as a temporary measure to ensure their rights are protected during delays at the federal level. Others worry that conflicting authority between PERB and the NLRB could slow down dispute resolutions or create legal uncertainty for both workers and employers.
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