California Expands Labor Board Authority Amid Federal NLRB Paralysis

Governor Gavin Newsom signed Assembly Bill 288 (AB 288) into law on September 30, 2025, granting California's Public Employment Relations Board (PERB) authority to enforce labor rights in the private sector when the National Labor Relations Board (NLRB) is unable or unwilling to act. This legislation responds to the federal NLRB's paralysis caused by a shutdown, funding issues, and lack of quorum, which has stalled labor dispute resolutions. AB 288 allows workers and unions to bring unfair labor practice charges and union election disputes to PERB, ensuring continued protections despite federal inaction. The law establishes a PERB Enforcement Fund, financed through penalties from employers violating labor laws, to support these expanded responsibilities. Labor advocates praise the bill as a critical safeguard for workers' rights amid what they describe as an anti-worker federal administration under President Trump. However, the NLRB has already challenged a similar New York law, indicating potential legal battles over California's new enforcement role.