Overview
- California’s AB 288, signed September 30, authorizes PERB to run union elections, hear unfair labor practice cases, levy civil penalties up to $1,000 per worker, and order binding arbitration after prolonged bargaining impasses.
- The law includes triggers that allow state action when the NLRB lacks a quorum, faces court injunctions or constitutional rulings, or experiences prolonged processing delays, with phased provisions extending into 2026 and beyond.
- The NLRB sued New York in federal court on September 12, arguing the state’s S.8034A is preempted by the NLRA and seeking declaratory and injunctive relief, followed by a motion for a preliminary injunction on September 30.
- Amazon filed a separate New York challenge on September 22; PERB moved to pause that case given the NLRB’s suit, while unions sought to intervene to defend the state statute.
- Legal analysts expect California’s law to face similar preemption suits, warning employers to prepare for overlapping state and federal proceedings and the risk of conflicting outcomes while litigation plays out.