A good development for employers from the district court. At the beginning of the year, Senate Bill (SB) 399 became effective, restricting employers from requiring participation in mandatory meetings addressing religious or political topics, including those concerning labor organizations. Shortly thereafter, several business groups filed a federal lawsuit challenging the constitutionality of SB 399 and seeking declaratory and injunctive relief.
Recently, the district court issued a preliminary injunction, temporarily prohibiting the enforcement of SB 399. The court determined that SB 399 is preempted by the National Labor Relations Act (NLRA) to the extent that it restricts employers from mandating attendance at meetings regarding unionization. Additionally, the court ruled that SB 399 constitutes a content-based regulation of speech, as it specifically targets employer communications on subjects such as religious or political matters.
Enforcement of SB 399 will remain suspended until litigation at the district court level concludes and may potentially be permanently enjoined based on the final outcome.
