California’s labor landscape is changing with the passage of Assembly Bill (AB) 288, which expands both worker rights and the authority of the state’s Public Employment Relations Board (PERB). Employers should be aware of these changes, as they may impact workplace policies, union interactions, and the handling of labor disputes.
PERB is a state agency that has traditionally overseen labor relations for public sector employees in California. The agency is viewed as very pro-employee, and more so than the National Labor Relations Board (NLRB), which is its federal counterpart. PERB administers and enforces laws related to collective bargaining and unfair labor practices for public employees, such as teachers and state workers. With AB 288, PERB’s authority is now extended to certain private-sector workers under specific circumstances.
Expanded Worker Rights
AB 288 reaffirms and broadens California workers’ rights to organize, join, and support labor organizations, and to engage in collective bargaining. These rights are now explicitly protected under state law, and the law requires that any restrictions must serve a compelling state interest and use the least restrictive means possible.
Employers should be even more cautious about actions or policies that could be seen as interfering with employees’ rights to organize or bargain collectively.
PERB’s New Role in the Private Sector
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