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9TH CIR.Court order

Ninth Circuit keeps California's captive audience meeting ban on hold

By LexCircuit Desk · · AI-drafted, human-reviewed

A Ninth Circuit panel affirmed a preliminary injunction blocking California's SB 399, which bars employers from disciplining workers who skip mandatory meetings about religious or political matters. Judge Richard Tallman wrote that the law applies only when employers express opinions at those meetings, so it regulates speech based on content. The court found the business groups likely to succeed on their First Amendment claim and did not decide federal labor-law preemption.

Order (Courthouse News Service) → · Law360

Key points

  • The panel upheld an injunction that has kept the 2024 law from taking effect since last year.Courthouse News ServiceLaw360
  • California argued SB 399 regulates conduct, but the panel said it targets employers that communicate opinions at meetings.Courthouse News Service
  • The California Chamber of Commerce, California Restaurant Association and Western Growers Association brought the challenge.Courthouse News Service
  • The court held Western Growers had standing because its members plan all-hands meetings on political matters.Courthouse News Service
  • The panel did not reach whether the National Labor Relations Act preempts the law.Courthouse News Service

Sources2 articles across 2 outlets

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Filed under

Court orderU.S.Cal.SB 399 — California Worker Freedom from Employer Intimidation Act9th Cir.Civil rightsEmploymentFor practitioners