California legislators are seeking to prohibit anti-union meetings in the workplace

On the final day of their session, California lawmakers passed a bill to Governor Gavin Newsom that seeks to ban employers from mandating attendance at anti-union meetings—part of a broader effort by Democratic leaders to support union activities amid a resurgence in labor movements.

If signed into law, Senate Bill 399 would position California alongside nine other states that have recently enacted laws prohibiting employers from requiring workers to attend meetings about political or religious views. Last year, Minnesota’s Governor Tim Walz signed a similar law, which he has promoted during his campaign.

The California bill targets discussions about political candidates or legislation but primarily addresses meetings where employers discuss unionization. With increasing efforts to unionize, California workers have seen a surge in union elections, with nearly 17,000 votes in 2023 and over 14,000 in 2024, according to National Labor Relations Board data. While the board has generally allowed “captive audience” meetings if no threats are made, the Biden administration’s general counsel aims to curb them due to their potential for intimidation.

Business groups argue that the bill is overly broad and infringes on employers’ free speech rights. Previous state bans in Connecticut and Minnesota have faced legal challenges, and Wisconsin, which was an early adopter of such a ban, backed down after facing a lawsuit. The California Chamber of Commerce has strongly opposed SB 399, claiming it would stifle discussions on legislation and other political matters.

Opponents also argue that the bill, which could penalize employers for discussing political views but not other topics, violates First Amendment rights. However, supporters argue the bill aims to prevent workplace coercion and ensure that no employee is forced to listen to such meetings.

Assemblymember Eloise Gómez Reyes, who supported the bill, emphasized that while employers are free to express their views, employees should not be coerced into listening. The bill’s passage marks a win for unions despite recent legislative setbacks and challenges in expanding worker protections.

Governor Newsom, who has previously been cautious about similar labor-related bills, has until the end of September to decide on this legislation. He has rejected past proposals to extend unemployment benefits to undocumented workers and expand workplace safety regulations for domestic workers. This year’s bills include provisions for undocumented unemployment benefits and workplace safety, focusing on agency responsibilities rather than private homes.

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