California, October 4, 2025
News Summary
A U.S. District Judge has temporarily blocked the enforcement of California’s Senate Bill 399, affirming employers’ First Amendment rights. This bill, aimed at limiting employer communications on religious and political topics, was challenged by the California Chamber of Commerce and the California Restaurant Association. The judge ruled that the bill is preempted under the National Labor Relations Act, indicating potential conflicts with federal laws. The ruling emphasizes the need for open communication in workplaces.
California Federal Judge Blocks Enforcement of Senate Bill 399
A U.S. District Judge has issued a preliminary injunction against California’s Senate Bill 399 (SB 399), temporarily halting its enforcement. The ruling affirms employers’ First Amendment rights, emphasizing their freedom to communicate openly within their businesses.
SB 399, which was passed in 2024 and took effect in 2025, aimed to restrict employer communications regarding religious or political topics, including discussions around unionization. The judge’s ruling indicates that the law is preempted under the National Labor Relations Act (NLRA), positioning it as inconsistent with federal regulations.
The injunction was granted in response to a federal lawsuit filed by the California Chamber of Commerce and the California Restaurant Association last December. The plaintiffs argue that SB 399 infringes on employers’ free speech rights and imposes unnecessary legal liabilities for discussing important workplace issues.
Background on Senate Bill 399
SB 399 was categorized as a “Job Killer” by the California Chamber of Commerce during its 2024 legislative session, reflecting concerns from business groups about its potential negative impact on operations. The legislation aimed to prevent mandatory attendance at meetings that addressed religious or political subjects, which critics argue could stifle essential conversations about work-related matters.
The plaintiffs contend that California’s attempts to enforce collective bargaining rights through Assembly Bill 288 also overreach state authority, encroaching upon federal jurisdiction. This assembly bill provides enforcement powers to the state Public Employment Relations Board (PERS) when federal laws, like the NLRA, do not act promptly. The lawsuit claims that these state-level regulations improperly interfere with areas already governed by federal law.
Key Implications of the Ruling
Notable reactions to the ruling highlight its significance for small business owners. The California state director for the National Federation of Independent Business (NFIB) emphasized the importance of maintaining free speech rights for employers, expressing that open communication is crucial to fostering a healthy workplace environment.
This legal battle occurs amid changes in federal labor law interpretations, indicating a broader shift in governance. The enforcement of SB 399 will remain suspended while the litigation progresses through the district court, with the possibility of a permanent injunction based on the final outcome.
Next Steps in the Legal Proceedings
As the case moves forward, it is anticipated that the district court will evaluate the implications of SB 399’s enforcement on both employers and employees across the state. The ongoing litigation will likely delve deeper into free speech rights and the impact of state regulations on federally protected freedoms.
Employers and industry groups will be closely monitoring developments, as the outcome may set a precedent regarding how states can regulate employer-employee communications in relation to political and religious topics within the workplace.
FAQ
What is Senate Bill 399 (SB 399)?
SB 399 was passed in 2024 and took effect in 2025, aiming to limit employer communications regarding religious or political issues.
Why did the judge grant a preliminary injunction against SB 399?
The judge ruled that SB 399 is preempted under the National Labor Relations Act (NLRA), affirming employers’ First Amendment rights.
What concerns were raised about SB 399?
The legislation was categorized as a “Job Killer” by the California Chamber of Commerce due to concerns that it infringes on employers’ free speech rights and creates legal liabilities for communication about important workplace issues.
Who initiated the federal lawsuit against SB 399?
The plaintiffs, which include the California Chamber of Commerce and California Restaurant Association, initiated a federal lawsuit last December to contest SB 399’s constitutionality.
What is the status of SB 399 enforcement?
The enforcement of SB 399 will remain suspended while litigation continues in the district court.
Deeper Dive: News & Info About This Topic
- California Chamber of Commerce
- National Law Review
- National Federation of Independent Business
- Labor Employment Law Blog
- Wikipedia: Freedom of Speech
- Encyclopedia Britannica: First Amendment

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