Earlier this week, on September 30, 2025, Governor Gavin Newsom signed Assembly Bill 288 (AB 288) into law. AB 288, which becomes effective on January 1, 2026, authorizes California’s Public Employment Relations Board (PERB) to enforce provisions of the National Labor Relations Act (NLRA) in the private sector when the National Labor Relations Board (NLRB) declines or is unable to act.
This comes at a pivotal time. With the NLRB currently shutdown due to federal government funding issues and a growing NLRB case backlog due to its lack of a quorum, AB 288 could shift certain unfair labor practice and representation disputes to PERB – allowing matters involving private sector employers in California that might otherwise sit idle at the federal level to move forward under California’s new enforcement scheme.
In addition, it is important to note that on September 12, the NLRB filed a lawsuit against New York State, seeking an injunction against the State to prohibit it from implementing a very similar New York statute. It is very possible that the NLRB, once the government reopens, files a similar lawsuit to enjoin implementation of AB 288. We will continue to keep you updated on developments surrounding AB 288.
Click here to read our earlier more detailed analysis of AB 288 and its potential impacts.
