As a California employer in the private sector, you may be unaware of the Public Employees Relations Board, known as the PERB. Historically, the PERB has had the limited scope of overseeing labor relations for public sector employees in a role similar to the National Labor Relations Board (“NLRB”), which oversees private sector labor relations nationwide pursuant to the National Labor Relations Act (“NLRA”). The NLRA grants the NLRB the primary jurisdiction over private sector labor relations matters. The PERB’S limited role has now potentially expanded with the passage of AB 288, which means its employee-protective procedures may eventually affect private employers.

AB 288, which mirrored a similar law in New York, made several significant changes to California law. First, it creates an explicit state-law right for employees to organize, join, and support labor unions, and to engage in collective bargaining. Most significantly, it expands the jurisdiction of the PERB in a limited number of circumstances. AB 288 gave the PERB the authority, under certain circumstances, to certify a union as an exclusive bargaining representative, investigate and decide unfair labor practice charges, and order remedies such as requiring employers to bargain. However, this grant of jurisdiction is not automatic. The PERB’s authority is triggered only if a) Federal labor protections are blocked or narrowed, or enforcement is blocked, or b) The NLRB is unable or unwilling to act due to: 1) lack of a functioning NLRB quorum, 2) the NLRB’s loss of independence, 3) constitutional challenges enjoining the NLRB, and 4) delays of six months or more of the administration of NLRB process, such as responding to claims of unfair labor practices or certifying an election. Essentially, AB 288 created a parallel enforcement mechanism for rights under federal law that the legislature did not believe the NLRB was adequately protecting.

AB 288 was challenged by the NLRB in the federal district court for the Eastern District of California, and on December 26, 2025, the court granted the NLRB’s motion for a preliminary injunction preventing the enforcement of the statute. It should also be noted that the NLRB currently has a quorum and is able to act after the recent appointment and confirmation of two board members. Although the litigation remains ongoing, this ruling represents a significant development in favor of the NLRB. It remains to be seen whether AB 288 will ultimately be enforced or will be held preempted by federal law.

Stokes Wagner will continue to monitor updates and will provide additional updates as they become available. If you have any questions, do not hesitate to contact a Stokes Wagner attorney.

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