On November 13, 2024, the National Labor Relations Board (NLRB) overturned a 75 year old precedent by restricting captive audience meetings. Previously under the National Labor Relations Act (NLRA), employers had the right to require their employees to attend meetings opposing labor unions, known as captive audience meetings. Twelve states have enacted laws banning or restricting captive audience meetings: Alaska, California, Connecticut, Hawaii, Illinois, Maine, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington. Yet with the NLRB in flux (due to their lack of a quorum) and recent legal challenges their enforceability is in question. In a boost for employers a federal District Court recently issued a preliminary injunction halting the enforcement of California’s ban on captive audience meetings.
In 2024, California passed Senate Bill (SB) 399 restricting employers’ ability to hold captive audience meetings. SB 399 became effective at the start of 2025. Shortly thereafter, a number of business groups filed a federal lawsuit challenging the constitutionality of the bill. The plaintiffs argued SB 399 was preempted by the NLRA and infringed upon employer rights under the First Amendment. The defendants assert SB 399 does not restrict employer speech, rather it simply prevents employers from punishing employees who do not attend certain types of meetings.
On September 30, 2025, Judge Daniel J. Calabretta of the U.S. District Court for the Eastern District of California issued a preliminary injunction temporarily blocking the enforcement of California’s captive audience ban. In the case of California Chamber of Commerce et al. v. Bonta et al., Judge Calabretta determined SB 399 is preempted by the NLRA. The court also stated that SB399 constitutes content-based regulation of speech as it also limits employer communications on religious and political topics.
Enforcement of SB 399 is on hold until litigation is concluded. The law may be enjoined permanently depending on the court’s final decision.
This may serve as a blueprint for other legal challenges, as it appears the NLRB’s 2024 decision will not prevent captive audience bans being preempted. Furthermore, it is probable the NLRB will reverse this decision when it regains a quorum.
Brody and Associates regularly advises its clients on all labor management issues, including union-related matters, and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
