California —The California State Assembly’s Appropriations Committee has advanced SB 399, known as the California Worker Freedom from Employer Intimidation Act, by a vote of 10–3. The bill, which had already passed the Senate in 2023, has been pending in the Assembly awaiting action.
SB 399 aims to prohibit employers from taking adverse action against employees who refuse to attend meetings. These meetings involve employers expressing their views on religious or political matters, including unionization efforts.
The legislation would empower the Division of Labor Standards Enforcement to enforce the ban if enacted. It would also allow employees to seek injunctive relief and damages through private legal action.
The bill is championed by the California Labor Federation and the California State Council of Teamsters and has broad support from various worker advocacy groups.
However, it faces strong opposition from the California Chamber of Commerce and numerous business organizations. These groups argue that such a ban would impede employers’ ability to counter union organizing campaigns effectively.
While the proposed legislation does not outright prohibit voluntary meetings, it raises concerns about potential legal challenges. These concerns focus particularly on its constitutionality under the First Amendment and potential conflict with the National Labor Relations Act.
Similar bans have been enacted in several states, including Connecticut and Minnesota, where they have faced legal challenges for violating employer free speech rights.
The issue also remains contentious at the federal level, with the General Counsel of the National Labor Relations Board advocating for restrictions on captive audience meetings. This move could reshape decades of labor law precedent.
