Effective January 1, 2025, SB 399 bans employers from holding any mandatory meetings (also called “captive audience meetings”) to discuss politics or religion with their employees, defining those subjects as:
- “’Political matters’ means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization.”
- “’Religious matters’ means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association.”
Employees may decline to take part in any such meetings or discussions and employers may take no consequent adverse action (e.g., discrimination, retaliation, threats of discharge). If employees continue working rather than attending a political or religious meeting, the employer must pay them.
Violations of SB 399 are subject to a $500 fine.
Religious organizations not covered by discrimination laws, political organizations, educational organizations or non-profits requiring coursework or other mission-related political or religious requirements, are exempt from this law. Communication about such subjects in the context of civil rights or other required education of employees is also permitted.
On the federal level, in Amazon.com Services LLC, the National Labor Relations Board (NLRB) has banned captive audience meetings where employers present their positions on unionization.
Neither SB 399 nor the Amazon.com Services decision prohibits employers from holding such meetings with advance notice of the subjects and voluntary employee attendance.
TAKE-AWAYS:
Employers must ensure any discussions with employees about religion, politics, or unionization are entirely voluntary. And they should never take any kind of retaliatory or discriminatory action for an employee’s non-participation.
See Also:
- Annual Virtual Seminar for Employers: Friday, January 17, 2025, Friday, February 28, 2025: Covering Employment Legal Essentials and New Workplace Laws
- Grin and Bear It: Political Views in the Workplace (July 12, 2024)
- Religious Ruling Favors Employees: Supreme Court Requires Accommodation Unless Substantial Cost Burden (September 1, 2023)
- Take a Deep Breath: Workplace Political Speech Dos and Don’ts (October 21, 2022)
Helena Kobrin
December 6, 2024