Less Labor Law Experimentation?
Previously, when discussing Sachs's article on Labor Law Renewal, I mentioned the Brown case. The Supreme Court issued the decision last week. The practical outcome of the decision, which holds that California's legislation is preempted, is to somewhat restrict the ability of states to experiment with enacting labor standards. As to whether California was acting in a proprietary capacity, which would permit it to enact labor standards, the Court states the following:
It is beyond dispute that California enacted AB 1889 in
its capacity as a regulator rather than a market participant.
AB 1889 is neither "specifically tailored to one
particular job" nor a "legitimate response to state procurement
constraints or to local economic needs." Gould,
475 U. S., at 291. As the statute's preamble candidly
acknowledges, the legislative purpose is not the efficient
procurement of goods and services, but the furtherance of
a labor policy.