Governor Newsom has signed AB 288 into law. This new law expands the authority of the Public Employment Relations Board (PERB), traditionally limited to public-sector labor disputes, to cover private-sector employees who are typically under the exclusive jurisdiction of the National Labor Relations Board (NLRB). Under AB 288, PERB will be empowered to conduct union elections, investigate and prosecute unfair labor practices, seek injunctions, and even impose civil monetary penalties against employers who violate state labor laws. Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, stated, “This is the most significant labor law reform in nearly a century.”
The law will roll out gradually through January 1, 2027, allowing PERB to intervene in cases where the NLRB has “expressly or impliedly ceded jurisdiction.” This includes situations where the NLRB lacks a quorum, is enjoined from acting by court order, or otherwise cannot carry out its statutory duties. AB 288 was modeled in part after New York’s recently enacted “NLRB Trigger Bill,” which similarly enables that state’s PERB to step in when the federal board is incapacitated.
Lawmakers crafted and passed AB 288 in direct response to the growing dysfunction at the NLRB under President Donald Trump, who has gutted the agency through the unprecedented removal of its general counsel and other senior officials. These actions, coupled with litigation over the structure and authority of the NLRB, have paralyzed its ability to process cases and enforce federal labor protections. With the NLRB now lacking a quorum and unable to hear appeals or issue rulings, California’s Legislature moved to ensure that workers in the state would not be left without a mechanism to protect their right to organize and bargain collectively.
While AB 288 aims to strengthen worker protections and ensure continuity of labor law enforcement, it is almost certain to face legal challenges. Those opposed to the bill, like the CA Chamber of Commerce, argue that the law may be preempted by the National Labor Relations Act (NLRA), which grants the NLRB exclusive jurisdiction over most private-sector labor relations. Nevertheless, California lawmakers built the bill with these challenges in mind, asserting that while the state cannot take away federally granted rights, it can “do its part to enforce and further the rights recognized by the NLRA.”
AB 288 reflects a broader shift toward strengthening state-level worker protections when federal enforcement falters. While it primarily affects unionized private-sector workers, the law underscores California’s continued leadership in expanding labor rights and accountability for employers. A more robust PERB could mean faster remedies and stronger enforcement for workplace violations, principles that align closely with applicants’ attorneys’ ongoing efforts to protect and empower injured workers across the state.
