On Tuesday September 30, 2025, California Governor Gavin Newsom signed Assembly Bill 288 (“AB 288”), which grants a California state agency the authority to enforce federal labor law in the absence of action by the National Labor Relations Board (“NLRB”).
With this bill, California joins the State of New York in passing legislation that allows state agencies to usurp the powers delegated to the NLRB by Congress, as we discussed here.
AB 288 arrives at a time where there is still major uncertainty at the NLRB as it still lacks a quorum and Trump’s recent nominees to the Board are still pending confirmation by the Senate. In addition, the NLRB has discontinued all but emergency functions, including ceasing all casehandling of representation petitions and unfair labor practice charges, postponing hearings and elections, and furloughed 1,181 of the agency’s 1,195 employees in light of the federal government shutdown and lapse in appropriation of funds. The NLRB’s contingency plan and website described emergency situations that would necessitate action by the agency during the shutdown as current or imminent labor disputes which are adverse to the public interest. The uncertainty around when the NLRB’s full functions will be restored combined with the pro-employer approach of the Trump administration, demonstrate why such state legislation has popped up in progressive states that have otherwise in recent years bolstered employee and union protections.
AB 288
AB 288, which...
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