A Private Attorneys General Act lawsuit challenging an employer’s confidentiality policies was not preempted by the National Labor Relations Act where the plaintiffs alleged violations of state statutes protecting competition, whistleblowing, and free speech which fit comfortably within the state’s historic police powers and address conduct affecting individual employees, as distinct from the NLRA’s focus on concerted activity. If a state-law controversy shares a factual element—crucial or otherwise—with a matter properly before the National Labor Relations Board, then the case is not necessarily preempted; where the local interest is strong, even the possibility of findings that conflict with an NLRB complaint need not be fatal.
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