Overview

• California’s AB 288, signed September 30, empowers the state PERB to run union elections, hear unfair labor practice cases, seek injunctions, levy civil penalties, and order binding arbitration in defined periods when the NLRB is unable to act.
• AB 288 rolls out through January 1, 2027 and can be triggered when the Board lacks a quorum or has expressly or impliedly ceded jurisdiction, with examples spelled out in the statute.
• Legal analysts expect preemption challenges to California’s law, noting its remedies differ from the NLRA, including $1,000-per-violation penalties and mandatory arbitration after prolonged bargaining.
• In New York, the NLRB sued on September 12 to block a similar statute and on September 30 sought a preliminary injunction, arguing the law creates a parallel regulatory system that risks conflicting outcomes.
• Amazon filed a separate challenge to New York’s law on September 22, New York PERB moved to pause that case, and unions and business groups are seeking roles in the litigation.