2026 Legislative Update (Part One): Unionizing and PERB Jurisdiction

March 16, 2026 by Beeson Tayer & Bodine

 

Unionization Rights for Rideshare Drivers (AB 1340)

By: Daniel M. Perle

This bill, effective January 1, 2026, provides rideshare drivers the right to join an established labor union for the purpose of coming to a sectoral bargaining agreement that governs terms and conditions of employment for the roughly 800,000 rideshare drivers in the state of California.

This bill aims to offset some of the limitations placed on the rights of rideshare drivers by the 2020 ballot initiative Proposition 22. Due to Proposition 22’s precedent, there are limits on the benefits this sectoral bargaining agreement can achieve, but mandatory bargaining subjects include driver safety, paid leave, and protections against being deactivated as a driver by one of the apps. However, compensation is not a mandatory subject of bargaining because of Proposition 22’s limits. Labor unions will be able to present showings of support via authorization cards starting May 1, 2026. The rideshare companies are required by this law to share certain driver information with unions to facilitate organizing campaigns.

 

PERB Jurisdiction Over Private Sector Employees? (AB 288)

By: Alex S. Leichenger

The Governor signed into law AB 288, which allows employees covered by the NLRA and their collective bargaining representatives to enforce their rights before PERB under the following circumstances: when the NLRA is “repealed, narrowed, or its enforcement enjoined in a case involving that worker,” or when the NRLB has “ceded jurisdiction.” The NLRB can either expressly or impliedly cede jurisdiction.

Due to an injunction issued by the United States District Court for the Eastern District of California, the circumstances under which the NLRB can impliedly cede jurisdiction are narrower than envisioned under AB 288. As long as the injunction stands, the NLRB will only impliedly cede jurisdiction if a case is enjoined due to a constitutional challenge to the NLRB.

If the NLRB cedes jurisdiction, Unions can petition PERB to process any representation petition previously filed with the NLRB, to promptly certify an exclusive bargaining representative, and to decide unfair labor practice changes, based on a timeline that considers the size of the Employer and the nature of the Union’s dispute with the Employer. PERB can also assess civil penalties of up to $1,000 per worker per violation and order injunctive relief.

Stay tuned for further updates as litigation unfolds regarding AB 288.

 

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.