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California Expands Employee Rights

  • Writer: Susan Shu
    Susan Shu
  • Oct 1
  • 3 min read

Updated: Oct 9

On September 30, California Governor Gavin Newsom signed Assembly Bill 288 (AB 288) into law, ushering in a new era of state-level oversight in private-sector labor relations. The legislation is designed to ensure that workers can meaningfully exercise their right to unionize and to curb employers’ use of delays at the National Labor Relations Board (NLRB) to avoid legal obligations.


Before AB 288, disputes over union organizing, collective bargaining, and unfair labor practices were handled almost exclusively by the NLRB. In recent years, however, the NLRB has faced chronic underfunding, political gridlock, and structural challenges, leading to severe case backlogs and leaving many workers’ rights unprotected. AB 288 was enacted to fill this regulatory void and provide California employees with a more efficient enforcement pathway.


For tailored advice on California labor compliance and union-related risk management, please contact ILS Partner, Fiona Xu, at contact@consultils.com. Our attorneys provide strategic, efficient solutions to help employers navigate AB 288 and safeguard their business interests.


Key Provisions

Effective January 1, 2025, California workers covered under the National Labor Relations Act (NLRA) may petition the California Public Employment Relations Board (PERB) if the NLRB has failed to act on their complaint within six months.


PERB’s newly expanded powers include:

  • Collective Bargaining Enforcement: PERB may order employers to bargain in good faith if they refuse to recognize a union, withdraw recognition unilaterally, or decline to negotiate.

  • Case Prioritization: Cases affecting large employers, significant numbers of employees, or active union drives will be processed on a priority basis.

  • Mandatory Arbitration: If collective bargaining exceeds six months without agreement, PERB may compel binding arbitration.

  • Civil Penalties: For repeated unfair labor practices, PERB may levy civil fines of up to $1,000 per employee per violation and seek court orders to enforce compliance.



Implications for California Employers

  • End of Delay Tactics: Employers can no longer rely on NLRB case backlogs to stall union proceedings.

  • Heightened Compliance Pressure: Union-related disputes will now move through a faster, state-level process.

  • Dual Oversight Risk: Employers may face both state PERB and federal NLRB enforcement simultaneously.



Preparing for the New Regulatory Landscape

To mitigate risk and adapt to AB 288’s changes, California employers should consider the following steps:

  • Audit Personnel Records: Review past labor-related decisions and union interactions to identify practices that could be deemed unfair labor practices.

  • Update Workplace Policies: Revise hiring, termination, and performance management procedures to reduce the likelihood of disputes.

  • Train Supervisors and Managers: Provide guidance on lawful responses to union-related inquiries to avoid implied threats or interference.

  • Establish Rapid Response Teams: Create cross-functional task forces (HR, Legal, Operations) capable of reacting within 48 hours if a union petition is filed or PERB intervenes.

  • Strengthen Internal Grievance Channels: Offer employees accessible complaint and dispute-resolution processes to reduce external filings.


For tailored advice on California labor compliance and union-related risk management, please contact ILS Partner, Fiona Xu, at contact@consultils.com. Our attorneys provide strategic, efficient solutions to help employers navigate AB 288 and safeguard their business interests.


Disclaimer: The materials provided on this website are for general informational purposes only and do not, and are not intended to, constitute legal advice. You should not act or refrain from acting based on any information provided here. Please consult with your own legal counsel regarding your specific situation and legal questions.

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As Partner and Head of Transactions at ILS, Fiona delivers professional legal and strategic support to tech companies—with a focus on AI, medical devices, and fintech. Beyond full-spectrum technology law, she specializes in export control and compliance: supporting tech firms at all growth stages, aiding startups in scaling operations, and helping mature enterprises address regulatory challenges.


Previously, Fiona gained hands-on experience building legal frameworks from scratch. She advised unicorn companies on global expansion and regulatory hurdles, developing deep insight into clients’ growth challenges. Combining legal expertise with commercial judgment, she helps clients establish sustainable legal processes and provides clear guidance to advance their business.


Email:  contact@consultils.com | Phone: 626-344-8949

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