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Senate Bill (SB) 399, codified as California Labor Code § 1137, prohibits employers from taking adverse action against employees who refuse to attend employer-sponsored meetings relating to the employer's opinions on religious or political matters, including meetings concerning or related to unionization. Kronick provides a detailed overview of this law in its 2025 Legislative Update.
Shortly before the law took effect on January 1, 2025, the California Chamber of Commerce, joined by other employer groups, filed suit in the U.S. District Court for the Eastern District of California challenging the constitutionality of SB 399. On September 30, 2025, the court granted a preliminary injunction, temporarily enjoining the enforcement of SB 399. The court held that SB 399 is preempted by the National Labor Relations Act insofar as it prohibits employers from requiring attendance at meetings concerning unionization. The court further concluded that the law constitutes an unconstitutional regulation of employer speech in violation of the First Amendment.
The state may appeal the injunction. In the interim, the court's decision affords temporary relief to California employers, renewing their ability to require employees to attend such meetings while the litigation continues on the merits. Kronick will continue to monitor these developments. For questions related to SB 399 or similar matters, please contact a Kronick attorney for further discussion.
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