California AB 288 & Worker Rights: What Employees Need to Know in 2025

October 15, 2025

California State Capitol building with the state flag waving against a blue sky.

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.

California’s Evolving Workplace - Highlights from the 2025 Legislative Session

November 24, 2025

California has wrapped up another busy legislative session, and Governor Gavin Newsom has approved a wide range of new workplace laws that employers will need to prepare for in 2026 and beyond. These measures touch nearly every corner of employment compliance, from labor rights and pay transparency to leave rules, recordkeeping, and restrictions on certain contract terms. Below are a few key changes that stand out. 1. Expanded Labor Rights for Workers and Gig Drivers A new law (AB 288) strengthens workers’ rights to organize and gives the Public Employment Relations Board the power to step in when federal labor protections fall short. Another measure (AB 1340) creates a framework allowing certain gig-economy drivers to unionize and negotiate industry-wide standards without changing their independent contractor status. 2. Broader Pay Data and Equal Pay Requirements Under SB 464, employers with 100 or more workers will face stricter pay-data reporting rules, including penalties for failing to file and expanded job-category reporting starting in 2027. SB 642 also updates California’s Equal Pay Act by clarifying what counts as wages, including bonuses, equity, and benefits, and setting a six-year limit for filing claims. 3. New Limits on Repayment Agreements AB 692 restricts employers from requiring workers to repay training costs or other debts when they leave a job, unless very specific exceptions apply (such as accredited programs or prorated hiring bonuses). Most repayment-based contract terms tied to separation will no longer be allowed. Read more in the National Law Review, HERE .