California’s Captive Audience Ban: Politics and Religion Off the Table

Election season is just around the corner and employers may be tempted to discuss their political viewpoints with their employees. This will soon be a no-no based on California’s new law, SB 399, which will take effect on January 1, 2025, and prohibit both public and private employers from taking action against an employee because the employee declines to attend a meeting regarding the employer’s opinions on political or religious matters.

Importantly, this includes a ban on employer meetings to communicate the company’s position on labor organizations and unionization, historically known as captive audience meetings. So lets review the key highlights and practical reminders that employers need to know about.

What does SB 399 prohibit?

Senate Bill 399, also known as the California Worker Freedom from Employer Intimidation Act, prohibits California employers from requiring employees to attend meetings or listen to communications that involve the employer’s political or religious views. This can include any discussions related to elections, political parties, legislation or regulation, labor organizations, unionization, religious affiliations or religious practices.

Additionally, employees cannot be penalized for refusing to participate in meetings where politics and religion are discussed. In fact, an employee who declines to attend such a meeting must still be compensated if these meetings occur during their scheduled work hours.

Of course, employers are still allowed to hold meetings to satisfy legal requirements such as safety meetings and Harassment Prevention Training. However, just be careful not to cross the line into any political discussions about legal requirements. Yes, we know this is nuanced!

Violations may result in a $500 fine per employee, civil action against the employer, as well as enforcement by the State’s Labor Commissioner.

Are there any exemptions?

This new law applies to all California employers but, there are some exemptions. Notable exemptions include religious organizations, organizations for specific political parties and educational institutions that include political or religious instruction as part of their regular curriculum.

How do I comply?

• If the topic is not related to your organization’s work, refrain from discussing it at meetings – both formally and informally.
• Check your company’s policies to ensure that there is no language that could be perceived as political or religious.
• Train supervisors and managers on this new law so they understand what types of discussions are prohibited

What is ahead for us?

Laws similar to this one have been enacted in other states such Oregon, Hawaii, Connecticut, and New York. You can expect to hear about legal challenges in the months and years to come, including arguments that it violates Free Speech rights and is also preempted by federal law, known as the National Labor Relations Act (NLRA). In the meantime, adjust your policies and practices as needed to comply and avoid liability. And always remember, CEA members can contact us if you have any questions, at 800-399-5331 or email us at CEAinfo@employers.org.