9th Circuit says California's SB 399 captive audience ban likely violates First Amendment, keeps injunction in place
Key points
- On October 29, the 9th Circuit unanimously found SB 399 likely violates the First Amendment
- The panel kept in place the lower court injunction that has blocked the law since last fall
- The law barred employers from disciplining workers who skip mandatory meetings on politics, religion or unionization
On October 29, a unanimous three-judge panel of the 9th Circuit Court of Appeals agreed that California's SB 399 likely violates employers' First Amendment free speech rights, and kept in place a lower court order that has blocked the law since last fall. The law barred employers from disciplining workers who skip mandatory meetings on politics, religion or unionization. Fisher Phillips attorneys argued the case. Not legal advice.
What employers should do
- Note the injunction status of SB 399 and avoid disciplining employees for skipping mandatory meetings under it while it remains blocked
Policy details
- Jurisdiction
- California
- Status
- Enjoined by court
- Effective date
- —
- Employers covered
- California employers
- Official source
- View official source ↗
Original report: Fisher Phillips LLP ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.