Assembly Bill 288 & California Workers' Rights

California has passed a new law that gives the state power to protect workers when the federal government can’t or won’t.

Gov. Gavin Newsom recently signed Assembly Bill 288 (AB 288), which lets California’s Public Employment Relations Board (PERB) handle workplace complaints that would normally go to the National Labor Relations Board (NLRB). The move comes after the NLRB lost its quorum under the Trump administration, leaving thousands of labor cases unresolved.

Under AB 288, if the NLRB fails to act on a complaint for six months or can’t function due to vacant seats, workers and unions can take their cases directly to PERB. The agency can investigate, issue penalties, and order remedies — ensuring employees don’t lose their rights to organize or report unfair treatment.

Supporters say the law keeps California workers protected while the federal system is stalled. “We will not sit idly by while our workers are being exploited,” said Assemblymember Tina McKinnor (D-Inglewood), who authored the bill.

Critics, including the California Chamber of Commerce, argue the measure is unconstitutional because labor relations fall under federal jurisdiction through the National Labor Relations Act (NLRA). Legal experts expect a court battle similar to one already underway in New York over a comparable law.

If upheld, AB 288 could make California one of the most pro-worker states in the country, giving unions and employees a faster, state-level path to justice when federal agencies fail to act.

Read more at Times of San Diego.