When Washington Shuts Down, California Steps Up

How AB 288 Helps Workers and Unions

When it comes to protecting workers’ rights to organize, bargain collectively, or challenge unfair treatment, California has just taken a big step forward. In September, Governor Gavin Newsom signed Assembly Bill 288 (AB 288) into law, giving the state a new tool to help when federal oversight isn’t getting the job done.

Filling the Federal Gap

Normally, the National Labor Relations Board (NLRB) handles most private-sector union issues like representation elections and unfair labor practice complaints. But over the years, workers and unions have grown frustrated with the NLRB’s long delays and political gridlock.

AB 288 creates a back-up system. When the NLRB is unable to act due to a lack of a quorum, a high number of cases, or a federal government shutdown, California’s Public Employment Relations Board (PERB) can take over.

Beginning January 1, 2026, PERB will now be able to investigate complaints, certify unions, and impose penalties on employers who break the law. The bill also sets up an enforcement fund paid for by fines and rolls out the new authority in stages, starting with serious cases like employers refusing to recognize or bargain with unions.

The Shutdown Makes It Real

If this all sounds abstract, the current federal government shutdown shows exactly why the law matters. Since the federal shutdown started in early October, hearings, investigations, and representation elections for the NLRB are largely on hold, with only a skeleton crew handling emergency situations. For workers who have filed complaints or are trying to form a union, that means no progress until the shutdown ends. For many, it could take months just to get a hearing scheduled again.

AB 288 was written for moments like this. It ensures that California workers aren’t left waiting while federal politics grind to a halt. Instead, the state can step in and keep cases moving even during national gridlock.

Challenges Ahead

Like any major reform, AB 288 will face challenges. Legal action is expected after the NLRB filed a lawsuit against New York State in September to prohibit it from implementing a similar statute. It’s likely, however, that those lawsuits will only be filed once the government reopens.

Additionally, implementation will take time. PERB must expand staffing and resources to handle more cases and clarify when its jurisdiction kicks in. and because the rollout will happen in stages, it may take a year or two before all types of cases are fully covered.

Regardless, even with these hurdles, the message is clear: California is not waiting for Washington to protect its workers.

Why It Matters

AB 288 highlights California’s growing commitment to fair treatment and timely resolution of labor issues for all employees. It shows the state’s willingness to strengthen oversight and could inspire similar improvements in both private and public-sector labor relations.

By empowering California’s own labor board to act when the NLRB cannot, the state has ensured that every worker has a path to justice, even when Washington goes dark. For union members and advocates, the message couldn’t be clearer: our rights don’t shut down just because Congress does.

Brooke Daphne, Labor Representative II