Labor – Preemption – Standing

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Where a Massachusetts trade association has filed a complaint requesting a declaration that a section of the Massachusetts Paid Family and Medical Leave Act involving health insurance benefits is preempted by federal law, the association has not shown a cognizable injury as to standing, so the complaint must be dismissed.

“The plaintiff, Greater Boston Plumbing Contractors Association (‘PCA’), brings suit pursuant to 28 U.S.C. §§2201 and 2202 against William Alpine in his official capacity as the Director of the Massachusetts Department of Family and Medical Leave. Through this action, PCA seeks a declaration that a section of the Commonwealth’s paid family and medical leave law involving health insurance benefits is preempted in part or in whole by federal law. The defendant has moved to dismiss the complaint for lack of jurisdiction, contending generally that PCA lacks standing under Article III to bring suit. …

“PCA is a Massachusetts trade association that represents the interests of approximately sixty unionized plumbing contractors and businesses (‘Signatory Contractors’) who have signed onto a Collective Bargaining Agreement (‘CBA’). …

“In 2018, the Commonwealth enacted the Massachusetts Paid Family and Medical Leave Act (‘PFML’). …

“… On the record currently before the Court, the plaintiff has not established a realistic danger of sustaining direct injury because of the statute’s operation or enforcement.

“Because the threat of future injury in this case is too speculative for Article III’s purposes, … PCA has not shown a cognizable injury as to standing. …

“For the foregoing reasons, the Department’s Motion to Dismiss for Lack of Article III Subject-Matter Jurisdiction (dkt. no. 48) is therefore granted.”

Greater Boston Plumbing Contractors Association v. Alpine (Lawyers Weekly No. 02-531-25) (7 pages) (O’Toole, J.) (Civil Action No. 20-12283-GAO) (Sept. 26, 2025).

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