California Governor Gavin Newsom recently signed Assembly Bill 288 (AB 288) to protect workers’ rights to organize and collectively bargain. The law gives the Public Employment Relations Board (PERB) authority to act when the National Labor Relations Board (NLRB) is unable or unwilling to perform its duties because it has expressly or impliedly ceded jurisdiction, or because of shutdowns, lack of quorum, or long delays.
Generally speaking, PERB has authority over labor matters affecting public employers and employees. AB288 expands that coverage to private employers and employees.
AB 288 allows PERB to handle representation petitions, certify bargaining representatives, resolve unfair labor practice charges, and order binding arbitration when negotiations stall. Employers who repeatedly violate labor laws may face fines of $1,000 per worker per violation, which will fund the new PERB Enforcement Fund. The law also sets conditions for PERB intervention, such as NLRB delays of six to twelve months or court injunctions blocking its actions.
PERB’s expanded jurisdictional reach will generally go into effect on January 1, 2026. Note that legal challenges to the bill are expected, similar to how the NLRB recently initiated legal action against the state of New York for enacting a similar bill.
You can access Assembly Bill288 here, and a related message from Governor Newsom’s office here.