Thanks Kim. Even though I am a lawyer and a libertarian I understand that state rights are important but it seems there should be a creative way to get this accomplished as it impacts interstate commerce. Perhaps we could offer a national incentive to encourage states NOT to adopt laws like AB 5 though it looks like your home state of NJ is about to do so.
I have the same trouble with the issue of rent control.
I know that at least one of the trucking lawsuits against the State of California involved interstate commerce, but it didn't win the day. Which is frustrating... As for New Jersey, there is an army of people working to make sure this rule does not go through under the new governor. Stay tuned on that--much more to come from me on that very soon ;)
The NLRB's purview is limited. One way to address state laws from the federal level would be Congress passing a bill like the Modern Worker Empowerment Act, but adding language to the bill that pre-empts states. We did ask for that to be considered last year, but it was a non-starter with this Congress. Protecting states' rights is a big deal with a lot of lawmakers too.
Thanks Kim. Even though I am a lawyer and a libertarian I understand that state rights are important but it seems there should be a creative way to get this accomplished as it impacts interstate commerce. Perhaps we could offer a national incentive to encourage states NOT to adopt laws like AB 5 though it looks like your home state of NJ is about to do so.
I have the same trouble with the issue of rent control.
Keep up your most excellent work.
Vicky
I know that at least one of the trucking lawsuits against the State of California involved interstate commerce, but it didn't win the day. Which is frustrating... As for New Jersey, there is an army of people working to make sure this rule does not go through under the new governor. Stay tuned on that--much more to come from me on that very soon ;)
Great summary. Shouldn't we encourage NLRB to add language to overrule states that adopt laws like CA horrifically damaging AB 5?
The NLRB's purview is limited. One way to address state laws from the federal level would be Congress passing a bill like the Modern Worker Empowerment Act, but adding language to the bill that pre-empts states. We did ask for that to be considered last year, but it was a non-starter with this Congress. Protecting states' rights is a big deal with a lot of lawmakers too.