The National Labor Relations Board (NLRB) has filed a lawsuit against the state of California seeking to block a new law that would allow the California Public Employment Relations Board (PERB) to take on responsibilities traditionally handled by the NLRB.
Previously, Governor Newsom signed Assembly Bill (AB) 288, which expands both worker rights and the authority of the state’s Public Employment Relations Board (PERB).
The NLRB responded by filing a complaint in federal court, arguing that California’s new law violates the National Labor Relations Act, which grants the federal agency exclusive jurisdiction over private-sector labor relations. The Board contends that allowing PERB to oversee these matters would create a parallel enforcement system that conflicts with federal authority and disrupts the uniformity of national labor policy. According to the NLRB, this overlap could lead to inconsistent rulings, duplicative proceedings, and a confusing patchwork of standards for employers operating in multiple states.
For now, the lawsuit places AB 288’s implementation in question. The NLRB is seeking an injunction to prevent California from enforcing the law, and the outcome will determine whether PERB can proceed with its planned expansion into private-sector labor matters. While the court process unfolds, employers should remain alert. New York has already taken a similar approach, and other states may follow.
Jackson Lewis will continue to track developments related to AB 288. If you have questions about AB 288 or related issues, contact a Jackson Lewis attorney to discuss.