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!
The California Chamber of Commerce and the California Restaurant Association have filed a lawsuit in the U.S. District Court for the Eastern District of California, to enjoin the enforcement of SB 399. The lawsuit challenges the entirety of SB 399, not just the issue of an restricting an employer’s right to require meetings to discuss legislation and regulations. The lawsuit claims that SB 399 violates the First and Fourteenth Amendment of the United States Constitution by discriminating against an employer’s viewpoints on political matters and improperly regulating the content of employer speech. It also claims that SB 399 is preempted by the federal National Labor Relations Act. You can read the entire complaint here.
Stay tuned as the case unfolds.