The California Chamber of Commerce and California Restaurant Association are suing the state for the recently implemented captive audience ban, SB 399. The complaint alleges the bill violates the First and 14th amendments and oversteps federal regulation by the National Labor Relations Act.
The bill enables employees to decline meetings where their employer discusses political or religious opinions and aims to protect workers from intimidation. Western Growers Association threw its support behind CalChamber last week, similar to when the bill was still in committee.
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SB 399 was sponsored by the California Federation of Labor Unions. When it was signed, bill author Senator Aisha Wahab said she hoped the bill would allow employees to work more productively and without coercion as “political discussions occur more frequently in the workplace.”
As litigation unfolds, WGA suggests employers in the meantime make meetings containing political or religious content voluntary, comply with NLRA protections, review their communications policy and consult with legal counsel.
President and CEO Jennifer Barrera said in a statement that CalChamber “repeatedly underscored the fact that SB 399 was a huge overreach,” during the legislative process.
