California Employers will recall that SB 399 (Worker Freedom from Employer Intimidation Act) become effective January 1, 2025, and it purports to ban mandatory employer-sponsored meetings where owners or managers express opinions on political or religious matters -- including unionization. However, two separate federal lawsuits have been pending for 7 and 8 months, respectively, arguing that SB 399 violates the U.S. Constitution (which protects free speech and assembly) and is preempted by federal labor law (which protects employer speech about unionization). Moreover, the current NLRB is averse to laws like this. Future court injunctions and agency regulations are possible, so it’s important to watch developments regarding this law carefully, though it is still in force as of today.
--Adam K. Treiger, Esq., Board Vice President
