As of Jan. 1, 2025, the California Worker Freedom from Employer Intimidation Act (SB 399) provides new protections for workers across the state. The law prohibits private and public employers from forcing or threatening employees to attend meetings or listen to communications regarding the employer’s views on political or religious matters.
The aim is to protect workers from discrimination or retaliation if they choose not to participate in such discussions. This legislation marks a significant step in safeguarding workers’ rights to freely express or withhold their political and religious beliefs without fear of adverse consequences.
Protections and Potential Penalties Outlined
SB 399 sets clear boundaries on “political” and “religious” matters, providing robust employee protections. Here’s what the law covers:
- Political: Includes discussions related to elections, political parties, legislation, regulation, and decisions to join or support political or labor organizations
- Religious: Covers topics about religious affiliation, practice, and decisions to join or support any religious organization
Employers found violating these protections may face severe consequences. Potential penalties include temporary and permanent injunctive relief, punitive damages, and a civil penalty of $500 per employee for each violation.
The Law Prohibits “Captive Audience” and Other Mandatory Meetings
A key focus of SB 399 is to eliminate “captive audience” meetings. These are mandatory sessions where employers present their opinions on unionization, often discouraging union membership.
In exacting SB399, California, joins other states that have enacted similar laws to curb these meetings. States like Hawaii, Connecticut, and New York have joined the effort to protect workers’ rights, following Oregon’s lead, which state had already banned such meetings before 2022.
Employers Encouraged to Take Steps to Prepare
With SB 399 set to take effect, employers in California should proactively prepare and consider taking these steps:
- Consult with legal counsel to understand the law’s scope and develop strategies to comply with new restrictions.
- Create and distribute policies related to captive audience meetings to ensure compliance.
- Train supervisors on the law’s requirements and company policies to prevent unintentional violations.
- Ensure that any meeting involving political or religious content is voluntary, clearly communicate this to employees in writing, and document it.
If your employer fails to comply with SB 399 or any worker protection law, it is advisable to seek guidance from a skilled California employment law attorney to safeguard your rights and career.