Governor Newsom Signs AB 288 Empowering California PERB

On September 30, 2025, California Governor Gavin Newsom signed Assembly Bill 288 (AB 288) into law. The bill empowers the California Public Employment Relations Board (PERB) to handle matters that would otherwise be within the purview of the federal National Labor Relations Board (NLRB). Here, our California employment attorney provides an overview of key things employers should know about the new state law.

Background: There is Dysfunction at the NLRB, so States are Considering Options 

Since early 2025, the National Labor Relations Board (NLRB) has lacked a quorum. That has impeded its ability to issue decisions or process unfair labor practice charges. It matters because labor relations related to union organization is largely a federal issue. However, many NLRB-based claims are in a state of limbo. California is now the latest state to pass its own law in an effort to fill the gap while the NLRB lacks a quorum.

An Overview of What AB 288 Does

AB 288 is a California law that is specifically targeted at NLRB delays. Under AB 288, eligible private-sector workers may bring unfair labor practice claims before the California PERB if the NLRB does not issue a determination or remedy within prescribed statutory windows. Of course, due to the lack of quorum at the federal agency, many NLRB cases are currently stalled. If a case is delayed long enough, PERB may then decide such cases and order relief including reinstatement, back pay, bargaining orders, and civil penalties.

Note: AB 288 emphasizes that if a case is already proceeding before the NLRB, PERB must stay (pause) its jurisdiction over the matter. AB 288defers to ongoing federal processes.

Major Questions are Being Raised About the Constitutionality of AB 288

New York State passed a similar law to AB 288 earlier this year. New York has now been sued by Amazon. The tech giant is arguing that New York’s law is unconstitutional. It is likely that California’s AB 288 will face a legal challenge. Here is the issue:

• The NLRA has long been treated as the exclusive regulatory regime for private-sector labor relations, preempting state interference. AB 288 explicitly challenges that presumption by interjecting state authority when federal remedies stall.

There is a genuine delay in NLRB cases at the federal level right now due to the lack of a quorum at the NLRB. Still, it is not clear whether or not California (or other states) have the authority to regulate labor-relations in this matter. The determinations or remedies of union issues have long been viewed as the exclusive role of the federal government. Employers should pay close attention to any legal developments concerning AB 288.

Consult With Our California Employment Lawyer Today

At Sloat Law Group, APC, our California employer attorney has the experience to protect employers. If you have any questions or concerns about AB 288 in California, we are here to help. Contact us today for a completely confidential, no obligation initial appointment. Our firm works with employers in Coachella Valley, Riverside County, and Statewide in California.

Source: 

gov.ca.gov/2025/09/30/as-the-federal-government-turns-its-back-on-workers-governor-newsom-signs-landmark-bill-expanding-workers-rights/