A California law prohibiting employers from forcing employees to attend meetings regarding religious and/or political matters remains on hold pending resolution of a lawsuit challenging the law.

Originally enacted at the beginning of 2025, SB 399, codified as California Labor Code § 1137 and formally titled the California Worker Freedom from Employer Intimidation Act, bans an employer from firing, discriminating against, or retaliating against an employee if the employee declines to attend or participate in any employer-sponsored meeting held for the purpose of communicating the employer’s opinion about religious or political matters. The law imposes a $500 penalty per employee for each violation. In addition to a private right to sue for each employee with standing, the law also provides that the Labor Commissioner may also enforce this section.

There are a few exceptions noted in the law. Notably, this law does not apply to religious entities, political organizations holding meetings to discuss political tenets or purposes, education institutions requiring attendance at a lecture that is part of regular coursework, as well as certain nonprofit training programs and public employers holding new employee orientation. The law also is not intended to punish an employer for providing legally mandated training.

Even before the law went into effect on January 1, 2025, several employer groups, including the California Chamber of Commerce, filed a lawsuit challenging the legality of the law. The lawsuit, California Chamber of Commerce, et al. v. Robert Bonta, et al., is currently pending in the Eastern District of California. Among other issues, Plaintiffs asserted that the statute’s definition of “political matters”, was too broad as it included “matters related to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization.” Plaintiffs sought a preliminary injunction pausing enforcement of the law while the lawsuit was pending and argued that the law encroached upon an employer’s right to free speech and that the law is preempted by the National Labor Relations Act.

The District Court granted this request and issued a preliminary injunction temporarily enjoining enforcement of California Labor Code § 1137. In granting the injunction, the District Court found that the law was preempted by the NLRA to the extent that it seeks to prevent employers from requiring attendance at meetings concerning the employer’s position on unionization. The District Court also determined California Labor Code § 1137 violates an employer’s right to free speech.

It is likely that the state will appeal this decision. For the time being, however, enforcement of California Labor Code § 1137 is not currently in effect. Nevertheless, employers should remember that this injunction is currently just a preliminary, and not a permanent injunction. Employers should keep tabs on the progress of the lawsuit and, if necessary, follow up with legal counsel to stay abreast of the status of the law.

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