Hunton Employment & Labor Perspectives

The California Legislature recently passed a bill that would prohibit employers from requiring employees’ attendance at meetings discussing the employers’ political or religious views, including meetings held to address union activity.  The bill known as the “Captive Audience Bill” is backed by unions and opposed by some business groups that say the proposed ban is too broad and would infringe on First Amendment Rights.  Governor Gavin Newsom has until the end of the month to sign SB 399 into law. 

Specifics:

If Newsom signs the bill, the new law will prohibit an employer from taking or threatening to take any adverse action if the employee does not attend an employer-sponsored meeting regarding religious or political matters, including union issues.  Specifically, SB 399 provides that an employer cannot

subject, or threaten to subject, an employee to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about religious or political matters.

The act also requires employers to pay any employee who works during the meeting but declines to attend it.

Definitions

 “Political matters” is defined as “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” is defined as “matters relating to religious affiliation and practice and the decision to join or support any religious organization or association.”

 Exemptions

The law would not apply to the following:

• Religious groups or educational institutions that are exempt from the requirements of Title VII of the Civil Rights Act of 1964 or are exempt from employment discrimination protections under state law.
• A political organization or party requiring its employees to attend an employer-sponsored meeting or to participate in any communications, the purpose of which is to communicate the employer’s political tenets or purposes.
• An educational institution requiring a student or instructor to attend lectures on political or religious matters that are part of the regular coursework at the institution.
• A nonprofit, tax-exempt training program requiring a student or instructor to attend classroom instruction, complete fieldwork, or perform community service hours on political or religious matters as it relates to the mission of the training program or sponsor.
• An employer requiring employees to undergo training to comply with the employer’s legal obligations, such as occupational safety and health laws and civil rights laws.

Enforcement and Penalties

The California Labor Commissioner would be authorized to enforce the law through its already-established citation process.  An employer that violates the act would be subject to a $500 penalty per employee per violation.

In addition, employees could bring civil actions for compensatory and punitive damages.

Additional Considerations

Nine other states recently passed similar laws banning employers from requiring workers to attend meetings about their religious or political views. The other states with similar laws include Connecticut, Illinois, Maine, Minnesota, New York, Oregon, Vermont, and Washington. State bans in Connecticut and Minnesota have been challenged in court. Wisconsin was one of the first states to ban such meetings in 2009, but when employers filed suit the following year, arguing it conflicted with federal law, the state backed down and agreed not to enforce it.

Many California businesses and the California Chamber of Commerce oppose the bill, arguing that it would violate the employer’s First Amendment rights and is preempted by the National Labor Relations Act.  If Newsom signs the bill into law, it is likely to face challenges in court.