Posts tagged AB 288
NLRB Challenges California’s AB 288 as Preempted by Federal Law
October 22, 2025 // The National Labor Relations Board (NLRB) has filed suit against the State of California and the California Public Employment Relations Board (PERB) seeking to block enforcement of Assembly Bill 288, a new law that would allow California to step into the NLRB’s shoes under certain conditions. The NLRB contends that AB 288 is preempted by the National Labor Relations Act (NLRA) and that it violates the Supremacy Clause of the U.S. Constitution. As discussed in our prior update here, California recently joined New York in passing legislation that would allow state agencies to assume powers delegated to the NLRB by Congress
California Dramatically Expands State Labor Board’s Powers to Cover Employees Under NLRB’s Exclusive Jurisdiction, Following New York’s Lead
October 13, 2025 // California’s legislation comes on the heels of and follows the same logic behind New York’s recently enacted “NLRB Trigger Bill” that similarly empowers the Empire State’s PERB to step into the shoes of the Board, which we covered here. The NLRB has lacked a quorum for months and as a result remains unable to process appeals from decisions by Board administrative law judges or regional directors in unfair labor practice or representation cases. However, AB 288 will likely face similar legal challenges to New York’s “NLRB Trigger Bill,” which the Board has sued over, as we covered here. Specifically, AB 288 may be preempted by the National Labor Relations Act (“NLRA” or “Act”), which covers most private-sector employees, under longstanding Supreme Court precedent.
California to weigh in on private labor disputes if NLRB can’t
October 2, 2025 // AB 288 expands the state Public Employment Relations Board's powers over private sector labor disputes like unfair labor practice charges and enforcing collective bargaining agreements. Other blue states, including New York, are trying to expand their state labor agencies' powers over issues that would normally be decided under the National Labor Relations Act, citing Trump's antipathy to organized labor.
Unions ask California to lead fight for workers at the state level
June 23, 2025 // California Chamber of Commerce was the only group that spoke in opposition to the bill. It argued the bill is preempted by the Garmon doctrine, which stops state and local governments from regulating activities protected or prohibited by the National Labor Relations Act. But, preemption, McKinnor said, was designed to create consistent protection for workers, not to shield companies from the consequences of breaking the law