EMPLOYMENT LAW NEWS
Compliance Conundrum: The Status of California’s Captive Audience Ban
California joined 11 other states with laws banning mandatory “captive audience” meetings on political or religious topics, including unionization. However, enforcement of California’s SB 399 is paused after a court challenge. Meanwhile, an NLRB ruling now requires such meetings to be voluntary. Employers should proceed cautiously and seek legal guidance amid ongoing legal challenges.
Captive audience bans are laws passed that prohibit employers from conducting mandatory employer-sponsored meetings where the employer expresses its view on religious or political (including unionization) matters. There are currently twelve states that have enacted captive audience bans (AK, CA, CT, HI, IL, ME, MN, NJ, NY, OR, VT, WA).
California’s Captive Audience Ban
California is the latest state to enact such a law – their law under SB 399 went into effect on Jan. 1, 2025. This law prohibits employers from taking adverse actions against employees who choose not to attend meetings where opinions on political (including unionization) or religious matters are discussed. Shortly after SB 399 passed into law, it was challenged in court by business groups on the premise that it infringes on employers’ free speech in expressing its views on unionization and is preempted by the National Labor Relations Act (NLRA).
Current Status of California’s Captive Audience Ban
Recently, the court agreed with the business group’s position that SB 399’s broad definition of “political matters” likely interferes with an employer’s federal right to express their views on unionization. As a result, the federal court issued a preliminary injunction blocking the enforcement of SB 399 until the lawsuit is resolved. So, for now, the law will not be enforced.
Captive Audience Meetings Under The NLRA
Last year on November 13, 2024, the National Labor Relations Board (NLRB) overturned precedent that allowed employers to require that employees attend mandatory meetings convened by the employer during union organizing, thus allowing the employer to express their views on the unionization. The NLRB argued that these meetings coerced employees and infringed upon their right to organize under the NLRA.
Under the November 2024 NLRB decision, employers are now only allowed to hold meetings to present their views on unionization if the employer informs employees of the following prior to the meeting:
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- that the meeting would be held to discuss the employer’s views on unionization and attendance is voluntary.
- that employees would not be subject to adverse employment action for failing to attend the meeting or leaving the meeting early.
- that the employer will not keep records of attendance at the meeting.
This decision is currently under appeal. However, under the current administration, it is likely to overturn the NLRB decision.
What’s Next
For now, employers may hold voluntary meetings to express their views on unionization under the NLRB standard. However, employers should be cautious when considering conducting a captive audience meeting in California. Businesses faced with union organizing at this time will need to make some calculated risks. And given the legal challenges in both the state of California and at the federal level, it may be prudent to consult with experienced labor law counsel given the shifting landscape in this area of law.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
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