California business groups have filed a lawsuit to block the state’s new law, Senate Bill 399, which went into effect on January 1, 2025. The law makes it illegal for employers to penalize employees who refuse to attend meetings that discuss political or religious opinions, including matters related to unionization. These meetings, often referred to as “captive audience meetings,” have long been criticized by unions for intimidating employees and discouraging unionization. The legislation was authored by State Senator Aisha Wahab and is part of a broader set of workplace laws introduced in California.
The lawsuit, filed in the Eastern District of California, was brought by the California Chamber of Commerce and the California Restaurant Association, arguing that the law infringes on employers’ constitutional rights to free speech and equal protection under the First and Fourteenth Amendments. The plaintiffs claim the law discriminates against employers’ political viewpoints and limits their ability to communicate freely with their employees about issues like unionization. They argue that the law’s restrictions are a violation of their rights to engage in open dialogue with their workforce.
Labor advocates, including Lorena Gonzalez, the head of the California Labor Federation, countered that the law is not about limiting free speech but protecting workers from coercion. She emphasized that employers are still free to express their political views but cannot retaliate against employees who choose not to attend such meetings. California’s new law aligns with similar measures in other states, and a recent decision by the National Labor Relations Board also banned mandatory captive audience meetings, reinforcing the push to ensure workers can make independent choices about unionization.
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