Governor Gavin Newsom Signs SB 399 (the California Worker Freedom from Employer Intimidation Act)

On September 27, 2024, Governor Gavin Newsom officially signed into law Senate Bill (SB) 399, also called the “California Worker Freedom from Employer Intimidation Act.” This new law, which will go into effect at the beginning of 2025, is important for all California employees. SB 399 introduces important changes to California’s Labor Code. Specifically, this new law bars employers from taking or threatening to take adverse actions against employees who choose not to attend meetings or participate in, receive, or listen to communication about the employer’s views on religious or political issues. While SB 399 is similar to laws in other states, it is broader.

SB 399 is part of a growing trend in the United States, where labor organizations are promoting captive audience laws to limit employer’s communication regarding unionization. However, SB 399 is more comprehensive than the laws in other states. SB 399 applies to all types of political and religious topics, not only those related to unionization.

What Are Political and Religious Issues Under SB 399?

The signing of SB 399 added section 1137 to the California Labor Code. The following are the definitions of “political matters” and “religious matters” as set forth under California Labor Code section 1137;

• Political matters: These are issues related to public office elections, political parties, laws, regulations, and the choice to become a member of or support a political party or political or labor organization.
• Religious matters: These are issues related to religious beliefs and practices, as well as the choice to become a member of or support a religious group or association.

What Exactly Does SB 399 Prohibit?

Employees should note that Senate Bill 399 does not prohibit employers from talking about political or religious matters. Instead, the new law bars employers from requiring employees to participate in these meetings. The law prohibits employers from requiring employees to listen to or receive communications about the employer’s views on political or religious matters. The law makes it illegal for an employer to punish or threaten to punish an employee who chooses not to attend or participate in such meetings. For example, as an employee, you cannot be fired or demoted because you decided not to attend or listen to presentations about your employer’s political or religious views.

As with any law, SB 399 contains several exceptions. The following are some of these exceptions;

• This Act does not prevent employers from communicating information they are required by law to communicate. However, in such cases, employers can only communicate the information to the extent of the legal requirement.
• Employers are allowed to communicate information that is necessary for their employees to perform their work.
• SB 399 does not apply to political organizations requiring its employees to attend meetings or participate in communication, the purpose of which is to communicate the employer’s political views or purposes.
• The Act does not apply to educational institutions requiring students or instructors to attend lectures on political or religious matters as part of their regular coursework.   

Contact a California Employment Lawyer

If you have questions about SB 399 or need help with an employment law-related matter, contact a California employment lawyer.