Publications

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political matters” or “religious matters.” (See post here).  As we indicated in the blog, it was anticipated that SB 399 would be challenged in the courts. Sure enough! 

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If you followed California’s 2024 Legislative term, you know that Senate Bill 399 (“SB 399”) was passed and signed into law by Governor Newsom on September 27, 2024.  For the most part, SB 399 has been described as a new “captive audience” law that prevents most, but not all, employers from taking any adverse action against an employee who declines to attend an employer-sponsored meeting in which the employer or its agents discuss “political matters” or “religious matters.” The law came about during a time of great political division in the US, and was aimed at protecting an employee’s right to hold their own political and religious views, and be free of intimidation by their employer.

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Under California law, employers are prohibited from making, adopting, or enforcing policies that prevent an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local, state, or federal regulation to, among others, a government or law enforcement agency.  The law also prohibits employers from retaliating against an employee who makes such a disclosure.

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