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Ninth Circuit Keeps California Ban on Mandatory Political/Religious Meetings Blocked

CaliforniaEmployment & Labor
Ninth Circuit Keeps California Ban on Mandatory Political/Religious Meetings Blocked

The Ninth Circuit Court of Appeals on Thursday refused to lift a preliminary injunction that stops California from enforcing a 2024 law aimed at banning mandatory employer‑sponsored meetings that convey political or religious views.

The law, Senate Bill 399, was passed in 2024 and says employers cannot discipline workers for refusing to attend meetings whose purpose is to share the employer’s political or religious opinions.

Why the Court Said the Law Still Can’t Be Enforced

Three nonprofit business groups – the California Chamber of Commerce, the California Restaurant Association and the Western Growers Association – sued, arguing the statute violates the First Amendment and is pre‑empted by the National Labor Relations Act. A district judge had already found the law regulated speech content and issued a preliminary injunction.

The appellate panel disagreed with the state’s claim that the law merely regulates conduct. Judge Richard Tallman wrote that the statute targets employers who engage in expressive activity at meetings, not ordinary administrative gatherings. Because it restricts adverse action only when the meeting’s purpose is expressive, the First Amendment applies.

Who Gained Standing and What Was Decided

The judges also affirmed that the Western Growers Association has standing because its members plan to hold all‑hands meetings to discuss political matters, which the law would prohibit.

The panel did not decide whether the law is pre‑empted by federal labor law, leaving that question unresolved.

What This Means for Workers and Employers

For now, California employers may continue to require attendance at meetings that discuss political or religious topics without fear of violating SB 399, as the injunction remains in place. Workers cannot claim protection under the law for refusing such meetings until a final decision is issued.

There are no new deadlines or steps for employees or employers beyond the existing injunction. Both sides may continue to litigate the remaining issues, especially the pre‑emption question.

When Consulting a Lawyer May Help

Employees who feel pressured to attend politically or religiously charged meetings should monitor the case for any change in status. Employers uncertain about compliance should consider legal counsel to assess risks if they plan expressive all‑hands meetings.

What this means: our conclusions

1 Good news1 Risk1 What to watch1 Context1 What to do
  1. Good newsEmployers retain ability to hold expressive meetings

    Until the injunction is lifted, companies can require attendance at meetings that discuss politics or religion without violating SB 399.

  2. RiskWorkers lack protection under SB 399 for now

    Employees cannot rely on the law to refuse such meetings, so they remain subject to employer directives.

  3. What to watchFirst Amendment focus may shape future rulings

    The court’s emphasis on speech rights suggests future challenges could hinge on expressive content rather than conduct alone.

  4. ContextPre‑emption issue still open

    The unresolved question of whether federal labor law overrides SB 399 could affect the law’s ultimate fate.

  5. What to doStay informed and keep records

    Workers should document any mandatory meetings and their content; employers should review policies and consider legal advice.

Related legal answers

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 30, 2026.

Source: Courthouse News Service

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