What happened?

On September 27, 2024, Governor Newsom signed SB 399, enacting The California Worker Freedom from Employer Intimidation Act (CWFEIA).

Quick Summary:

• Employers cannot require employees to attend meetings or listen to communications about the employer’s views on religious or political matters unless they meet an exemption.

• Non-compliant employers who are not covered by an exemption can face civil penalties of $500 per employee for each violation.

• Although not explicit, the primary target of SB 399 is to address “captive audience meetings” about union organizing, aligning with other states like Illinois, Connecticut, and New York, which have similar protections.

What are the details?

• The California Worker Freedom from Employer Intimidation Act (SB 399) aims to protect employees from being forced to attend employer-sponsored meetings where the purpose is to communicate the employer’s opinions on religious or political matters, including labor organizations.

Key Provisions:

• Prohibition of Mandatory Meetings:
  • Employers cannot require employees to attend meetings or listen to communications about the employer’s views on religious or political matters.
  • Employees who refuse to attend such meetings must still be paid for their time.

• Civil Penalties: Employers who violate this law can face civil penalties of $500 per employee for each violation.

• Enforcement: The Labor Commissioner is authorized to enforce the provisions of this law.
  • Employees who suffer a violation can bring a civil action and petition for injunctive relief.

• Exemptions: Certain employers, such as religious corporations, political organizations, and educational institutions, are exempt from this law.
  • The law does not apply to mandatory training required to comply with legal obligations, including civil rights and occupational safety and health laws.

• Voluntary Attendance: While state law does not prohibit employees from voluntarily attending such meetings, there is a risk that abandoning mandatory attendance requirements could limit crucial employer-employee communication channels protected under federal law.

Business Considerations

• Employers should revise handbooks and policies to highlight the voluntary nature of meetings on religious or political matters, including union organizing. Additionally, they should develop and publish relevant policies concerning captive audience meetings.
• Employers should train supervisors on the specifics of the law and the expectations and limitations regarding mandatory employee meetings.
• Employers should inform employees about the purpose of any meetings and emphasize their voluntary nature if they fall under the categories specified by the law. 
• Employers should find ways to document the voluntary nature of any meetings that could be considered “captive audience” meetings. Unless the employer plans to challenge the law in court, ensure that any meeting discussing political or religious content is voluntary and that this is recorded.

Source References

• CA SB 399 – The California Worker Freedom from Employer Intimidation Act

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