California has joined New York in enacting a law to allow the state to regulate private sector labor disputes when the National Labor Relations Board (NLRB) is unable to act or declines to do so. Notably, the California law empowers the state public labor agency to certify private sector union elections if the president, the U.S. Congress, or the courts limit the NLRB’s authority, or the agency has “expressly or impliedly” ceded its jurisdiction. The new law raises questions about federal labor law and preemption.

• California’s Assembly Bill 288 empowers California’s state public sector labor agency to oversee private sector union elections and handle unfair labor practice cases if the NLRB is stripped of or cedes its jurisdiction.
• The law aims to protect workers’ rights to organize and engage in collective bargaining but could create conflicting state and federal compliance obligations for employers.
• The law is expected to face legal challenges on federal preemption grounds, given long-standing legal precedent that the NLRA preempts state laws that regulate conduct that federal labor law either protects or prohibits.

On September 30, 2025, Governor Gavin Newsom signed into law Assembly Bill (AB) 288, empowering the California Public Employment Relations Board (PERB) to oversee and certify union elections, and decide unfair labor practice (ULP) charges if the NLRB is unable to or declines to carry out its duties. The law comes as the NLRB has been without a quorum to...

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