Senate Bill (SB) 399, recently signed into law by Governor Gavin Newsom, enacts the California Worker Freedom from Employer Intimidation Act. Effective January 1, 2025, this law prohibits employers from holding mandatory meetings, known as “captive audience,” meetings, that discuss religious or political matters, including union-representation discussions.  

Key Points 

SB 399 makes it unlawful for employers to require employees to attend meetings where religious or political matters are discussed. This includes discussions about union representation. Employers found in violation of this law may face civil penalties or civil actions. The law is designed to ensure that employees have the freedom to make their own decisions regarding these matters without undue influence from their employers.  

Specifically, SB 399 will make it unlawful for an employer to engage in or threaten any of the following: 

• Discharge 

• Discriminate 

• retaliate against; or 

• take “any other adverse action” 

against any employee who declines to attend an employer sponsored meeting or decline to participate in, receive, or listen to any employer communications regarding religious or political matters, where the purpose of the meeting is to communicate the employer’s opinion(s) about religious or political matters.  

“Political matters” are broadly defined under the new law as “matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization.” 

Civil penalties for violating the statute are $500 per employee for each violation. The law may be enforced by the Labor Commissioner or through civil litigation where punitive damages could be sought.  

The statute does not prohibit any of the following: 

• Communicating to employees any information that the employer is required by law to communicate. 

• Communicating to employees any information that is necessary for those employees to perform their job duties. 

The mandates of SB 399 should not be unfamiliar to California employers who are already prohibited from coercion or influencing workers’ political activities and are required to protect employees who engage in political activities. The same is true under federal law. The National Labor Relations Act protects employees who engage in protected concerted activity including union organizing activities. As such, challenges to the duplicative nature of SB 399 are already being raised.  

Best Practices  

1. Review and Update Company Policies: Review and update company policies to ensure compliance with new SB 399 mandates. This includes revising employee handbooks and any other relevant documentation to reflect the new prohibitions on mandatory meetings discussing religious or political matters. 
2. Train Management and Supervisors: It is essential to provide training for management and supervisors on the new requirements of SB 399. Training should cover the key aspects of the law, including what constitutes a “captive audience” meeting and the potential consequences of non-compliance. Well-informed management will be better equipped to adhere to the new regulations and avoid any legal issues
3. Seek Legal Guidance: Navigating new legislation can be complex. Seek guidance from experienced legal counsel to understand the specific requirements of SB 399 and in developing comprehensive compliance strategies. Legal counsel can provide valuable insights and help avoid potential legal and financial repercussions associated with noncompliance.