California, October 4, 2025
News Summary
A federal court has issued a preliminary injunction against California’s Senate Bill 399, which aimed to restrict employer communications on political and religious matters. The ruling supports employers’ First Amendment rights and maintains that the law risks infringing upon federal labor law protections. This decision allows businesses to engage in conversations regarding essential workplace issues without fear of legal repercussions. The ruling has received backing from small business advocates, emphasizing the need for free enterprise communication.
California is at the center of a legal battle following a preliminary injunction issued by U.S. District Judge Daniel Calabretta against Senate Bill 399 (SB 399), a law aimed at curbing employer communications on religious and political issues. The ruling temporarily halts the enforcement of SB 399, which was passed in 2024 and took effect in 2025, pending further litigation.
The court found that SB 399 interferes with employers’ rights under the National Labor Relations Act (NLRA), asserting that it preempts the state law. This judicial decision underscores the First Amendment rights of employers, particularly their freedom to communicate within their businesses without state-imposed restrictions.
John Kabateck, the California state director for the National Federation of Independent Business (NFIB), expressed strong support for the ruling, highlighting its importance for small business owners’ rights to free speech. The temporary injunction allows businesses to continue discussing significant workplace matters without fear of legal repercussions stemming from SB 399.
SB 399 faced considerable criticism from the California Chamber of Commerce, which labeled the bill a “Job Killer” during its introduction in the 2024 legislative session. The plaintiffs, including the California Chamber of Commerce and the California Restaurant Association, initiated a federal lawsuit last December challenging the constitutionality of SB 399. They argue that the law infringes on employer free speech rights and introduces legal liabilities for necessary communications regarding pivotal issues at work.
The law specifically aimed to ban employers from mandating attendance at meetings focused on political or religious topics, including those related to unionization. This legislation has been challenged not only on its own merits but also in conjunction with Assembly Bill 288, which grants the state Public Employment Relations Board (PERS) enforcement powers over collective bargaining rights in scenarios where the NLRA does not act promptly. The plaintiffs assert that such state-level interference improperly encroaches upon federal authority as outlined in existing labor laws.
This legal dispute unfolds against the backdrop of shifting interpretations of labor laws and governance, particularly under the current federal administration, which has affected the NLRA’s application in recent years. The injunction issued by Judge Calabretta will remain in place while litigation continues in the district court, with the potential for a permanent injunction based on the final ruling.
The NFIB emphasized that it is critical for employers to maintain the ability to communicate transparently with employees, free from state limitations that could jeopardize business operations and workplace dynamics.
FAQ
What did U.S. District Judge Daniel Calabretta rule regarding Senate Bill 399?
Judge Daniel Calabretta issued a preliminary injunction against Senate Bill 399, affirming employers’ First Amendment rights and ruling that SB 399 is preempted under the National Labor Relations Act (NLRA).
What is the main aim of Senate Bill 399?
SB 399 aims to limit employer communications regarding religious or political issues, specifically preventing mandatory meetings discussing such topics, including those on unionization.
Why was SB 399 labeled as a “Job Killer”?
The California Chamber of Commerce labeled SB 399 a “Job Killer” during the 2024 legislative session due to concerns about its impact on business operations and employer-employee communications.
Who initiated the federal lawsuit against SB 399?
The plaintiffs, including the California Chamber of Commerce and California Restaurant Association, initiated a federal lawsuit to challenge SB 399’s constitutionality.
What are the implications of the ruling on employers?
The ruling affirms that employers have the right to communicate freely with their employees about workplace issues without restrictions imposed by state laws like SB 399.
Key Features of Senate Bill 399 and its Ruling
| Feature | Description |
|---|---|
| Legislation Name | Senate Bill 399 (SB 399) |
| Year Passed | 2024 |
| Year Effective | 2025 |
| Key Issue | Limiting employer communications on religious/political topics |
| Ruling | Preliminary injunction issued by U.S. District Judge Daniel Calabretta |
| Legal Basis | National Labor Relations Act (NLRA) |
| Organizations Involved | California Chamber of Commerce, California Restaurant Association |
| Status | Enforcement temporarily halted pending further litigation |
Deeper Dive: News & Info About This Topic
- California Chamber of Commerce
- National Law Review
- NFIB Press Release
- Perkins Coie
- Labor Employment Law Blog
- Wikipedia: Senate Bill 399
- Google Search: Senate Bill 399
- Google Scholar: Senate Bill 399
- Encyclopedia Britannica: Senate Bill 399
- Google News: Senate Bill 399
Author: STAFF HERE SAN DIEGO WRITER
SAN DIEGO STAFF WRITER The SAN DIEGO STAFF WRITER represents the experienced team at HERESanDiego.com, your go-to source for actionable local news and information in San Diego, San Diego County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Comic-Con International, San Diego County Fair, and San Diego Pride Festival. Our coverage extends to key organizations like the San Diego Regional Chamber of Commerce and United Way of San Diego County, plus leading businesses in biotechnology, healthcare, and technology that power the local economy such as Qualcomm, Illumina, and Scripps Health. As part of the broader HERE network, including HEREAnaheim.com, HEREBeverlyHills.com, HERECostaMesa.com, HERECoronado.com, HEREHollywood.com, HEREHuntingtonBeach.com, HERELongBeach.com, HERELosAngeles.com, HEREMissionViejo.com, and HERESantaAna.com, we provide comprehensive, credible insights into California's dynamic landscape.
