The Federal Injunction That Put Parts of AB 288 on Hold

In 2025, California lawmakers passed Assembly Bill (AB) 288 to strengthen workers’ protections when federal labor enforcement slows down. The law aimed to provide employees with an alternative route if their labor complaints got stuck at the federal level. However, a recent federal court ruling put major parts of AB 288 on hold. Here is what you need to know as a California employee about the preliminary injunction and its impact on workplace rights.

What Was AB 288 Intended To Do?

AB 288 was designed to address delays and disruptions at the National Labor Relations Board (NLRB), the federal agency responsible for most private-sector workers. When the NLRB faces backlogs, lacks leadership, or is unable to act quickly, employees can wait months for assistance. 

To address this issue, AB 288 expanded the authority of the California Public Employment Relations Board (PERB). Under the law, PERB could intervene in specific private-sector labor disputes, such as unfair labor practice claims, when the NLRB could not act. Lawmakers believed that this would prevent workers from losing protections just because the federal system was delayed.

Why Did the Court Block Parts of the Law?

Soon after AB 288 became law, the National Labor Relations Board challenged it. The NLRB argues that federal labor statutes give it primary jurisdiction over most labor disputes involving private employers, leaving states without authority to establish overlapping enforcement mechanisms.

In late December 2025, a federal district court largely agreed with that position and granted a preliminary injunction. The court explained that issues commonly facing the NLRB, such as case backlogs, processing delays, or internal administrative challenges, do not amount to an abandonment of its federal authority. Permitting California’s PERB to intervene in those situations could result in inconsistent rulings and undermine the nationwide consistency that federal labor law is designed to ensure.

However, since this is a preliminary injunction, the ruling is temporary. It is meant to keep things as they are while the case proceeds through the courts. 

Which Sections of AB 288 are on Hold?

As a result of the injunction, California cannot enforce parts of AB 288 that would allow PERB to take over private-sector labor cases simply because the NLRB is slow or experiencing issues. For most employees, this means that labor complaints still need to go through the NLRB, even if it takes longer than expected.

What Sections of AB 288 Are Still Active?

The court had not completely blocked AB 288. PERB can still step in under limited circumstances, such as when the NLRB is legally prevented from acting or when a dispute falls outside the National Labor Relations Act (NLRA) due to a change in the law or a court decision. However, these situations are rare.

A Key Change That Was Not Blocked

One part of AB 288 is still fully operational and could have significant implications, especially for agricultural workers. The law amended the Agricultural Labor Relations Act, giving the Agricultural Labor Relations Board (ALRB) greater flexibility in interpreting labor law. Previously, the ALRB had to follow federal precedent strictly, but now federal decisions are merely persuasive, not mandatory. This change allows the ALRB to act more independently, and it’s already being applied even as other sections of AB 288 face legal challenges.

For now, employees can expect little change. The NLRB remains the main agency for private-sector labor disputes.

Contact a California Employment Lawyer

If you’re dealing with a workplace issue that may involve retaliation, protected concerted activity, union-related rights, or another labor dispute, it’s easy to lose time (and leverage) trying to navigate overlapping state and federal rules on your own—especially while laws like AB 288 are being challenged and clarified in the courts.

The Finkel Firm represents California employees and can help you understand which agency has jurisdiction, what deadlines may apply, and what practical steps make sense based on the facts of your situation. If you have questions about how this injunction affects your rights, or you’re not sure where to start, contact us today for a free consultation to discuss your options.