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Employment ComplianceNov 11, 202609:04 (PT)

Ninth Circuit affirms injunction halting enforcement of California's SB 399 captive audience law

Key points

  • The Ninth Circuit has affirmed a preliminary injunction against SB 399
  • SB 399, effective January 1, 2025, bars adverse action against employees who decline captive audience meetings
  • The ruling is provisional and does not finally invalidate the law

The Ninth Circuit Court of Appeals has affirmed a preliminary injunction blocking California from enforcing SB 399, its captive audience law. The law, effective January 1, 2025, bars employers from taking or threatening adverse action against employees who decline meetings held to express the employer's religious or political views, and opt-out employees who are on the job must remain paid. The ruling is provisional and does not finally invalidate SB 399. For reference only; not legal advice.

What employers should do

  1. Adjust internal compliance arrangements for SB 399 and monitor further litigation
  2. If holding related meetings, confirm pay and treatment policies for employees who opt out

Policy details

Jurisdiction
California
Status
Enjoined by court
Effective date
2025-01-01
Employers covered
California employers (meetings on religious, political and labor organizing matters)
Official source
View official source ↗
Original report: The National Law Review ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.