PLAs for Data Centers?

As OpenAI continues its data center building spree, CEO Sam Altman and the North America’s Building Trades Unions said in a statement that they wanted to ensure AI infrastructure build-outs support union careers and create economic opportunity in the communities where the infrastructure is built.

“No one is better positioned to deliver the scale of construction needed for the advanced AI facilities, modern transmission systems, and new energy generation driving America’s economic growth,” said Sean McGarvey, president of the NABTU, in the joint statement with OpenAI. The statement said the two sides would “seek to foster constructive engagement” on workforce development, labor standards and other issues.

But the agreement does not commit to using union labor at data centers. “Contracting decisions remain the decision of the site developers,” said OpenAI spokesperson Jamie Radice. “We know America's best-trained, skilled workforce is going to help us to get it done," she added.

Altman, speaking at an event that day, highlighted the need for “skilled trades workers.”

“No matter where the choke point in the supply chain is at any one time, when I talk to people about what it would take to accelerate [data center construction], it is more skilled trades workers to build out all of this infrastructure,” Altman said onstage at the BlackRock Infrastructure Summit in Washington D.C.

Speaking at the BlackRock event, McGarvey said he hoped to get his unions involved in long-term planning of data center construction. The building trades union sees the partnership with OpenAI as an opportunity to get its skilled workers in the field on massive, well-funded projects.

“One of the last things that's decided, particularly in hyperscalers and data, is contractor selection and labor strategy," McGarvey said. “We have the people with the prerequisite skill sets in the geography where we need them on the day that we need them on the job site.” [Politico]

In an unrelated but encouraging story, State Senator Stephen C. Padilla amended his Senate Bill 887 to clarify that data centers are not ministerial projects exempt from CEQA and do not qualify as advanced manufacturing facilities. The bill would also allow data centers to be eligible for Environmental Leadership Development Project (ELDP) certification if they meet the criteria, along with additional requirements specific to data centers. As introduced, one of those requirements was, surprise, a PLA. WECA objected, and Padilla struck the requirement. Thanks, Senator Padilla!

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Hilton Helps Out

Republican Steve Hilton may be alleviating Democratic fears of a catastrophic lockout in the governor’s race.

A new UC Berkeley Citrin Center for Public Opinion Research-POLITICO poll finds Hilton consolidating GOP support in California’s governor’s race, which would decrease the odds that Democrats fail to place as the top two vote-getters in the June jungle primary.

Hilton leads with 19 percent of likely voters. Behind him is a group of virtually tied candidates— Democrat Tom Steyer at 13%, and Democrats Katie Porter and Eric Swalwell and Republican Chad Bianco each at 11%.

Democrats have panicked that their large field could splinter the party’s vote and have unsuccessfully pressured lower-performing candidates to drop out of the race.

But the prospect of Republican voters coalescing around Hilton could offer Democrats some relief. Democrats outnumber Republicans so heavily in California that they are almost certain to win the governorship as long as one of them advances from the primary. The best chance for Republicans is that Hilton and Bianco split the GOP vote relatively equally, both finishing in the top two and advancing to November.

“If Hilton starts taking votes away from Bianco within that solid Republican pool, that would make it less likely,” said Jack Citrin, a UC Berkeley political science professor and co-director of the poll.

The findings show that Steyer, Swalwell and Porter have firmly established themselves in the top tier of Democratic contenders. The remaining Democrats are stuck in the mid-to-low single digits, with Xavier Becerra at 5%, Antonio Villaraigosa at 4%, Matt Mahan at 3%, Betty Yee at 2% and Tony Thurmond and Bob Bartlett both with 1%. Ian Calderon, who dropped out after the poll was conducted, had 2 %.

The rankings differed substantially from a survey of POLITICO’s audience of key political and policy influencers in the state, including political staffers, lobbyists, policy advisers and others. Swalwell led with 22%, followed by Mahan at 14%, Steyer with 13% and Porter at 12%.

[Politico]

In a related story, Hilton and Gloria Romero, who is running for lieutenant governor, announced that former US Rep. John Duarte was Hilton's "selection for California Secretary for Natural Resources." They explained "their vision for restoring abundance in California's natural resources through improved water management, healthier forests, and policies that support working landscapes such as farms and timberlands," and highlighted "the importance of water infrastructure and the role of expanded storage and better management in addressing California's ongoing water challenges," at an event at Friant Cove Recreational Area.

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Nonprofit Paid $3.7 Mil to Jennifer Siebel Newsom

Gov. Gavin Newsom’s wife, Jennifer Siebel Newsom, reportedly has paid herself and her company more than $3.7 million over the past decade from a nonprofit organization. According to IRS filings obtained by the Daily Mail, Siebel Newsom has funneled the money from the nonprofit organization Representation Project to herself and her company, Girls Club LLC. Story

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Time for a Job Search

The White House told Labor Department chief of staff Jihun Han and deputy chief of staff Rebecca Wright to resign or else be fired amid an IG probe into allegations that they mistreated staff and misused tax dollars, New York Post’s Josh Christenson scoops. The senior aides, who were Labor Secretary Lori Chavez-DeRemer’s top deputies, left the agency on March 2, after being placed on administrative leave in January. The Post reports that they were given a choice of “resigning or being fired by the White House Monday night.” Han, Wright, and the White House did not immediately respond to the New York Post for comment.

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Fresno Concrete Drivers Vote to Remove Teamsters Representation

Cement truck drivers for the CalPortland Ready-mix Fresno facility voted to end their union representation last month. The Ready-mix drivers voted to end their union representation, concluding a month-long effort to remove Teamsters Local 431 from their workplace.

In a Jan. 29 vote, workers voted 9-7 to decertify the union that had represented them for more than two decades, according to results from the National Labor Relations Board. The decertification petition was filed in October 2025 by Ready-mix driver Darrell Dunlap Sr., who received legal assistance from the National Right to Work Foundation. Story

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Nix on Penalties

A federal appellate court nixed a landmark National Labor Relations Board ruling that sought to impose steep penalties on employers who break labor law during organizing drives — including ordering them to bargain with units that lose the ensuing election.

A split judge panel ruled Friday that the company behind Woodford Reserve bourbon could not be compelled to bargain with a Teamsters unit representing workers at the whiskey-maker under NLRB’s 2023 Cemex decision, which it said was “created through an improper exercise of the Board’s adjudicatory authority.” The dispute stemmed from the company’s conduct during the 2022 unionization push, which ended in a lopsided loss for the union, which they allege was due to management’s illegal tactics.

The two judges who ruled against the NLRB were appointed by George W. Bush, and the dissent was written by a Joe Biden appointee. The panel had appeared skeptical of the NLRB’s interpretation at the oral arguments late last year.

Coalition for a Democratic Workplace (CDW)’s statement on the decision is available here. CDW filed an amicus brief in the case in April 2025.

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LWDA’s New Proposed PAGA Regulations

On February 6, 2026, the California Labor and Workforce Development Agency (“LWDA”) provided a Notice of Proposed Rulemaking (“Notice”) to adopt new Private Attorneys General Act (“PAGA”) regulations intended to supplement the legislative reforms to PAGA in 2024. The proposed rulemaking, in its current form, is great news for employers that have been inundated with frivolous PAGA filings. The proposed regulations require stricter notice requirements, apply special requirements to high-frequency and vexatious filers, and call for additional disclosures related to PAGA settlements. Story and Story

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Utah Lawmakers Pass Water Reporting Requirement for Large Data Centers

Both the Utah House and Senate signed off on a proposal requiring large data centers relocating to Utah to report their annual water use to state officials. … “The market itself has reacted to the concern nationwide about water use,” said State Representative Jill Koford, R-Ogden, who sponsored the bill. “In the second-driest state in the nation, I think it’s good for us to set the tone nationally.” … Koford’s bill would require data centers that are at least 10,000 square feet and use at least 75 acre-feet of water a year to report their water usage to the state. That water usage data would also be accessible to the public.

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Permits? We Don’t Need Stinking Permits!

Those FBI agents NOT fired for their investigations, now deemed offensive, will receive training insights and techniques from UFC fighters this weekend, in what FBI Director Kash Patel is calling a historic seminar. It’s unclear if they will be in a cage, but tickets to watch the training are available at www.trump.com. And over at the White House, the UFC is pushing forward with plans to hold a fight on the South Lawn on June 14 without a permit from the D.C. Combat Sports Commission. 

Federal Court Rejects GOP Bid to Block New Utah Congressional Map, Likely Netting Dems a Seat

A federal court rejected a bid by Utah Republicans to block a new court-ordered congressional map, dealing a major blow to the Republican Party following a yearslong redistricting saga. The decision means Democrats are likely to net one seat in the state, which currently has a four-person all-GOP House delegation, absent late intervention by the Supreme Court.

Republican lawmakers in Utah passed a congressional map in October after state court Judge Dianna Gibson ruled that the state could not use previous lines that carved up Democratic stronghold Salt Lake City. Gibson later rejected that map, ruling in November that it “fails to abide by and conform with the requirements” of Proposition 4, a ballot initiative passed by Utah voters in 2018 that created an independent redistricting commission and specific redistricting parameters intended to prevent partisan gerrymandering.

Republicans are hoping to repeal the redistricting proposition via a ballot initiative in this fall’s elections.

The loss for Utah Republicans comes as the GOP pushes to overhaul congressional maps ahead of this fall’s elections at President Donald Trump’s urging. Republicans have redrawn maps in their favor in states from Texas to North Carolina, and Democrats have, in turn, pushed their own gerrymanders in several blue states, including California and Virginia.

Katharine Biele, president of the Utah League of Women Voters, which brought the initial lawsuit against the Legislature, called the GOP’s efforts “futile attempts to undermine” the map. “Utah voters should not have to navigate uncertainty to participate in their elections,” Biele said in a statement. “We are pleased the court protected this fair map, and we remain focused on protecting voters’ ability to make their voices heard.” [Politico]

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Cal/OSHA Proposes State Analog to Worker Walkaround Rule

Consistent with its tradition of dropping surprise regulatory proposals near the end of the day before a holiday weekend, Cal/OSHA published a formal proposal on Friday the 13th, 2026, to promulgate a California version of federal OSHA’s so-called “worker walkaround rule.” That rule allows non-employee third parties to serve as an employee representative during an OSHA workplace inspection, provided that the third party is reasonably necessary to conduct an effective and thorough inspection. California employers should take note of this development and monitor it closely. A public hearing is scheduled for April 1, 2026, during which interested individuals may present statements or arguments on the rule. Read More

This effort may have a legislative analog. AB 1859 (Ortega D-Hayward) would require an awarding body or owner to provide reasonable access to representatives of a joint labor-management committee to monitor compliance with prevailing wage and apprenticeship requirements. The bill would authorize the committee to bring an action against an awarding body, contractor, or subcontractor that willfully denies the committee’s representative reasonable access.

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Audit Axe

California lawmakers killed dozens of proposals that the nonpartisan state auditor had recommended passing, according to a CBS News California analysis. Newsom vetoed at least a dozen more auditor-backed bills.

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Arizona Moves its Primary from August to July

On Feb. 6, Arizona Gov. Katie Hobbs (D) signed HB 2022, a bill that moves Arizona’s primary election from the first Tuesday in August to the second-to-last Tuesday in July, starting this year. As a result, Arizona’s 2026 primary will be held on July 21 instead of Aug. 4.

The Arizona House approved HB 2022 unanimously, and the state Senate approved it 27-1.

A statement from the Arizona Senate Republicans said the move was needed to address timing conflicts affecting military and overseas voters, giving them more time to return their ballots before the general election.

The legislation allows signatures gathered on petition forms with the old primary date to be valid. It also:

·        Changes the time for officials to compare a provisional ballot with a list of early voters from five business days to five calendar days.

·        Changes the time for officials to compare a provisional ballot with the polling place roster from 10 calendar days to seven calendar days.

·        Allows county party chairs to appoint election observers for ballot replacement locations.

·        Allows county party chairs to appoint challengers at polling places and early-voting centers.

This is the second time in recent years that Arizona has moved its primary election date. In 2024, Hobbs signed a law moving up that year’s primary by a week to July 30.

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California’s Proposed Rulemaking Provides Cautious Optimism to Employers Amidst Continuing Abuse of Private Attorneys General Statute

On February 6, 2026, the California Labor and Workforce Development Agency (LWDA) issued a Notice of Proposed Rulemaking announcing its intent to add a new chapter to the California Code of Regulations to implement the Private Attorneys General Act of 2004 (PAGA). The proposed regulations seek to significantly tighten how employees (or their counsel) must submit PAGA Notices to the LWDA, including:

• Using an LWDA form with fillable fields requiring specific pieces of information about the employee and their claims;
• Factual specificity, including background information regarding the employee’s employment, and the facts and theories supporting each alleged Labor Code violation;
• A certification, signed by the employee or attorney, verifying the claims have legal and evidentiary support.

For employers, this could mean fewer boilerplate “catch-all” notices, more defined or limited allegations at the outset, and, in turn, a more meaningful opportunity to respond. Story

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MPD at FPB

District of Columbia police searched Labor Secretary Lori Chavez-DeRemer’s offices at the agency’s headquarters this month as part of its investigation of sexual assault allegations against her husband, Shawn DeRemer, according to three DOL officials. Employees who work in the secretary’s suite were ushered out of their offices temporarily Feb. 5, and Metropolitan Police Department personnel entered and looked around, according to the DOL officials, who were granted anonymity to discuss the ongoing investigation. Chavez-DeRemer was aware of the decision to bar her husband from the building but was not involved in the discussion that led to it, according to current DOL officials.

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Trades Split

While the Building Trades are backing another candidate to succeed Nancy Pelosi in Congress, the union for Sheet Metal Workers is breaking ranks and endorsing state Sen. Scott Wiener. The move by Local 104, which represents 10,000 sheet metal workers, is a plot twist after Supervisor Connie Chan picked up the sole backing of the San Francisco Building and Construction Trades Council earlier this week.

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OFCCP Poised to Produce Contractors’ EEO-1 Data Following Losses in Litigation

Starting in 2018, the Center for Investigative Reporting (CIR) and a CIR reporter have been fighting to force OFCCP to disclose EEO-1 reports that have been filed by federal contractors. These contractors have operated with the understanding that the government must keep such reports confidential. In July 2025, the Ninth Circuit held that the EEO-1 data must be made public. Pursuant to agreements between OFCCP and CIR, OFCCP is now getting ready to produce contractors’ consolidated EEO-1 reports from 2016 through 2020. Absent further challenge, the disclosures were scheduled for February 25, 2026. Read More

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Merced City Councilman Darin DuPont…

is throwing his hat in the ring for one of the Golden State's last remaining Republican-less State Senate battles. DuPont recently announced his candidacy for the 14th Senate District, currently held by Sen. Anna Caballero (D-Merced). The first-term Merced lawmaker joins a field fraught with Democratic infighting as Asm. Esmeralda Soria (D-Fresno) was already slated to face off against Sanger City Councilwoman Esmeralda Hurtado, who has received backing from Soria's colleague and neighbor, Asm. Joaquin Arambula (D-Fresno).

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Draft Cap-and-Trade Rules Draw Opposition from Labor Over Refineries

Chris Hannan, president of the State Building and Construction Trades Council of California, told the California Air Resources Board in a letter the union was concerned the draft rewrite would drive more refineries out of state by imposing strict in-state pollution limits.

“Unfortunately, CARB’s current proposal does not reflect our understanding that regulations should be designed to ensure our employer companies participating in the cap-and-invest program can continue operating within the state,” he wrote. “If these regulations are finalized as currently proposed, they would lead to more refinery closures, costing our members their jobs and middle-class livelihoods for their families, while also causing higher pump prices for all Californians.”

The letter marks a major turnaround from September, when the same union proved pivotal in extending the cap-and-trade program by backing AB 1207 in the waning days of the session, largely because it sets aside $1 billion in annual revenue for high-speed rail.

The new rules, once finalized, will govern California’s signature climate policy through 2045, during a period when current emissions-cutting trajectories are not keeping pace with the sharper reductions required in the coming years to hit state climate goals.

But they are also landing as the oil and gas industry seeks to capitalize on warnings that shrinking in-state refining capacity could spike prices — an argument that gained traction last year when Newsom and progressive lawmakers backed expanded oil production in Kern County.

The agency is taking public comments on its draft rules through March 9. It is then planning on bringing final rules to the board for a vote sometime in the second quarter of 2026. If approved, the new rules would go into effect on Sept. 1.