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A recent federal court order has placed a partial preliminary injunction on the enforcement of Assembly Bill (AB) 288, which expands both worker rights and the authority of the state's Public Employment Relations Board (PERB).
AB 288 was designed to let PERB step in and handle certain private sector labor disputes if the federal National Labor Relations Board (NLRB) was unable or unwilling to do so. The law was passed in response to concerns about delays, funding issues, and even leadership vacancies at the NLRB, which some felt left workers without a way to resolve their labor complaints. Under AB 288, PERB could take over cases if, for example, the NLRB had a backlog, lacked a quorum, or was otherwise unable to act.
The NLRB challenged AB 288 in court, arguing that federal law gives it exclusive authority over most private sector labor disputes, and that California's attempt to create a parallel process would create confusion and undermine national labor policy.
On December 26, 2025, the district court agreed in part, issuing a preliminary injunction that blocks California from enforcing the parts of AB 288 that would allow PERB to take over cases because the NLRB is experiencing delays, lacks a quorum, or is alleged to have lost its independence. The court found that these situations do not mean the NLRB has given up its authority, and allowing PERB to step in would create conflicting decisions and disrupt the uniformity that federal labor law is meant to provide.
However, the court did not block all of AB 288. California can still enforce the law in situations where the NLRB is truly out of the picture, such as when a court has specifically enjoined the NLRB from acting in a case, or when a worker is no longer covered by the National Labor Relations Act because of a change in the law or a court decision. In those limited circumstances, PERB can step in.
For employers, this means that, for now, the NLRB remains the primary authority for private sector labor disputes in California, even if the agency is facing internal challenges or delays. Employers do not need to prepare for a new, parallel state process for most cases yet. But the court's order is only a preliminary injunction, meant to keep things as they are while the case moves forward. The outcome could still change, depending on future court rulings or legislative action. For now, though, the status quo remains: the NLRB is still in charge, and California's new law is on hold in most respects.
Jackson Lewis will continue to monitor this case as it proceeds. If you have questions about AB 288 or related issues, contact a Jackson Lewis attorney to discuss.
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