What Rights Do Redondo Beach Workers Have Under CA’s AB 288?
California Workers Get New Protection When Federal Labor Board Fails to Act
Have you ever felt like your workplace rights were being violated, but the federal agencies meant to protect you moved too slowly or seemed unwilling to help? You’re not alone. Thousands of California workers have faced this frustrating reality, especially when dealing with unionization efforts and unfair labor practices. The good news is that California has just taken a groundbreaking step to ensure workers don’t get left behind when federal protections fail. On September 30, 2025, Governor Gavin Newsom signed Assembly Bill 288 into law, creating a safety net for workers whose cases languish at the National Labor Relations Board (NLRB) or when that federal agency becomes unable to function properly.
💡 Pro Tip: If your unfair labor practice complaint has been pending at the NLRB for more than six months without action, you may now have the option to bring your case to California’s Public Employment Relations Board (PERB) for resolution.
Feeling stuck with federal delays? Let Kent | Pincin guide you through California’s AB 288 protections for a quicker resolution. Reach out at 310.376.0922 or contact us to explore your options today!
Understanding Your Expanded Rights Under AB 288 with an Employment Law Attorney
AB 288 represents a significant shift in how California protects its workers’ fundamental right to organize and engage in collective bargaining. This new law essentially creates a state-level backup system for when the federal NLRB cannot or will not fulfill its duties. Workers who previously might have waited years for federal action now have a clear path forward through California’s own labor relations board. An Employment Law Attorney can help you understand whether your situation qualifies for this new protection, which applies specifically to workers in positions that were subject to the National Labor Relations Act as of January 1, 2025.
The law addresses several critical scenarios where workers can seek state intervention. These include situations where the NLRB lacks a quorum to make decisions, when funding or staffing shortages prevent the board from functioning, or when your case has simply been sitting dormant for six months or more. This provision is particularly important given recent political efforts to weaken federal labor protections. As Assemblymember Tina McKinnor, who authored the bill, emphasized, this ensures California workers can continue exercising their rights even in the face of anti-worker federal administrations.
💡 Pro Tip: Document all interactions with your employer regarding unionization efforts or workplace violations, as this evidence will be valuable whether your case proceeds through federal or state channels.
How the New Process Works: From Federal Delay to State Action
Understanding the timeline and process under AB 288 can help you make informed decisions about protecting your workplace rights. The law creates a clear pathway for workers whose federal cases have stalled, ensuring that justice delayed doesn’t become justice denied. Here’s how the process typically unfolds when you need to transition from federal to state jurisdiction:
- Initial NLRB Filing: You first file your unfair labor practice charge with the NLRB as you normally would, maintaining all documentation and correspondence
- Six-Month Trigger: If the NLRB hasn’t taken meaningful action on your case after six months, you become eligible to petition PERB for state intervention
- PERB Jurisdiction Review: California’s labor board evaluates whether the NLRB is actively proceeding with your case – if not, they can assume jurisdiction under Section 10(a) of the National Labor Relations Act
- State Enforcement: PERB applies either federal or state labor law to resolve your dispute, ensuring you receive the strongest available protections
- Expedited Resolution: Unlike federal delays that can stretch for years, PERB has a track record of issuing decisions promptly – they issued 17 decisions in just August and September 2025 alone
💡 Pro Tip: Keep a detailed log of all dates related to your NLRB filing, including when you submitted documents and any responses received, as this timeline will be crucial if you need to petition PERB after six months.
Protecting Your Rights: When to Seek Help from an Employment Law Attorney
The passage of AB 288 opens new doors for California workers seeking justice, but navigating between federal and state systems can be complex. An Employment Law Attorney experienced in both NLRB and PERB procedures can evaluate your case and determine the best path forward. Kent | Pincin understands the nuances of California’s progressive labor laws and can help you leverage AB 288’s protections effectively. Whether you’re facing retaliation for union organizing, experiencing unfair labor practices, or dealing with other workplace violations, having knowledgeable legal guidance ensures you don’t miss critical deadlines or procedural requirements that could affect your case outcome.
The law specifically states that all provisions should be "liberally construed" to ensure workers can effectively vindicate their fundamental rights to full freedom of association and self-organization. This means California courts and agencies will interpret the law broadly to protect workers rather than looking for technicalities to deny coverage. When you consult a lawyer about your situation, they can assess whether your case qualifies for state intervention and help you understand all available options for pursuing your workplace rights.
💡 Pro Tip: Don’t wait until the six-month mark to seek legal advice – early consultation can help you build a stronger case and ensure all necessary documentation is properly preserved from the start.
Key Protections and Coverage Under California’s New Labor Law
AB 288 covers a broad range of workers and situations, reflecting California’s commitment to being a "proud labor state," as Governor Newsom stated when signing the bill. The law applies to any worker employed in a position subject to the National Labor Relations Act as of January 1, 2025, providing protection even if federal law is later repealed, narrowed, or enjoined. This forward-thinking approach ensures that workers don’t lose protections due to political changes at the federal level.
Specific Scenarios Where AB 288 Applies
The law addresses multiple scenarios where federal protection might fail. Beyond the six-month delay provision, workers can access PERB when the NLRB lacks a quorum to make decisions, or when inadequate funding or staffing prevents the board from fulfilling its statutory duties. Additionally, if the NLRB has expressly or impliedly ceded jurisdiction over certain categories of workers – as it has done with small employers and student athletes – those workers can seek protection under California AB 288 expands PERB jurisdiction for private sector labor disputes. This comprehensive approach ensures no worker falls through the cracks when seeking to exercise their fundamental labor rights.
💡 Pro Tip: Review your employment status as of January 1, 2025, as this date serves as the baseline for determining coverage under AB 288, regardless of any subsequent changes to federal law.
Strategic Advantages of State-Level Labor Enforcement
California’s decision to create this state-level enforcement mechanism offers several advantages for workers beyond simply having an alternative venue. PERB, as an independent state agency within the Labor and Workforce Development Agency, has established itself as an efficient quasi-judicial body with a strong track record of resolving labor disputes. Unlike the federal NLRB, which can become paralyzed by political appointments or funding battles, PERB maintains consistent operations and holds regular business meetings, such as their scheduled session on October 9, 2025.
Why State Enforcement Can Be More Effective
The AB-288 Employment Labor Organization and Unfair Practices Act recognizes that states have authority under the Glacier Northwest decision to protect workers and businesses under state law, even when federal charges are pending. This authority is particularly important for matters "deeply rooted in local responsibility." California’s labor laws often provide stronger protections than federal standards, meaning workers might actually receive better outcomes through state enforcement. An Employment Law Attorney familiar with both systems can advise whether pursuing state remedies might yield faster or more favorable results than waiting for federal action.
💡 Pro Tip: Consider the strength of California’s labor protections when deciding whether to transition your case from federal to state jurisdiction – you might gain access to remedies not available under federal law.
Frequently Asked Questions
Common Questions About AB 288 and Your Workplace Rights
As workers and employers alike adjust to this new law, many questions arise about how AB 288 will work in practice. Understanding these details can help you make informed decisions about protecting your rights in the workplace.
💡 Pro Tip: Keep this FAQ handy and share it with coworkers who might also benefit from understanding their expanded rights under California law.
Next Steps for Workers Seeking Protection
Whether you’re currently dealing with an unfair labor practice or want to understand your rights before organizing, knowing how to proceed under AB 288 is crucial. The following questions address the most common concerns workers have about this new protection.
💡 Pro Tip: Consider joining or forming a workers’ rights group to stay informed about changes in labor law and share experiences with others facing similar challenges.
1. Does AB 288 apply to all California workers, including those in Redondo Beach?
Yes, AB 288 applies to all California workers whose positions were subject to the National Labor Relations Act as of January 1, 2025. This includes private sector employees throughout the state, from Los Angeles to Redondo Beach to San Francisco. The law specifically ensures that geographic location within California doesn’t affect your access to these protections.
2. What if my case is already pending at the NLRB when I want to use AB 288 Employment Law protections?
If the NLRB is actively proceeding with your case, it will remain there. However, if your case has been dormant for six months or more, you can petition PERB to take jurisdiction. The key is whether the NLRB is making meaningful progress – simply having a case number isn’t enough if no actual work is being done on your behalf.
3. Can my employer retaliate against me for using state protections instead of federal ones?
No. AB 288 explicitly protects workers from retaliation or intimidation by employers. The law ensures your fundamental rights to association and self-organization are protected "free from retaliation or intimidation by their employer." Any retaliation would itself become grounds for additional legal action.
4. How do I know if I need a Redondo Beach labor law attorney for my AB 288 case?
While you can file complaints yourself, the interplay between federal and state jurisdiction can be complex. An attorney can help ensure you meet all procedural requirements, preserve your rights under both systems, and maximize your chances of a favorable outcome. This is especially important if you’re transitioning an existing federal case to state jurisdiction.
5. What happens if federal labor law changes after I’ve started using AB 288 protections?
One of AB 288’s key features is protecting workers from federal rollbacks. Even if the National Labor Relations Act is repealed, narrowed, or enjoined after January 1, 2025, workers who qualified for protection on that date remain covered under California law. This ensures your rights can’t be stripped away by political changes in Washington.
Work with a Trusted Employment Law Lawyer
Understanding and exercising your rights under AB 288 requires navigating complex interactions between federal and state labor law. While this new protection offers hope for workers whose federal cases have stalled, successfully transitioning to state jurisdiction requires careful attention to procedural requirements and deadlines. An Employment Law Attorney can evaluate your specific situation, help you understand whether AB 288 applies to your case, and guide you through the process of seeking relief through PERB when federal protections fall short. With California leading the way in protecting workers’ rights, you don’t have to accept federal delays or inaction as the final word on your workplace dispute.
Don’t let federal roadblocks halt your progress—let Kent | Pincin lead you through California’s robust AB 288 labor protections. Call 310.376.0922 or contact us to take control of your rights today!