SB 399: Employer Communications, Employer Intimidation

Senate Bill 399 Senator Aisha Wahab (D-Hayward) was introduced to prohibit an employer from requiring employees to attend an employer-sponsored meeting or participate in any communication regarding employer opinion. SB 399 would add Chapter 9 (commencing with Section 1137) to Part 3 of Division 2 of the Labor Code.

SB 399 would establish Chapter 9, entitled “Employer Intimidation,” and would be known as the “California Worker Freedom from Employer Intimidation Act.” The bill would provide definitions for the terms: “employee,” “employer,” “political matters,” “religious matters,” and “rights guaranteed by the First Amendment to the United States Constitution or Section 2, 3, or 4 of Article I of the California Constitution.”

The bill would prohibit an employer from requiring its employees to attend an employer-sponsored meeting or participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about religious matters, political matters, or rights guaranteed by the First Amendment to the United States Constitution or Section 2, 3, or 4 of Article I of the California Constitution.

The Division of Labor Standards Enforcement (DLSE) would be required to enforce this section. As an alternative, an employee would be allowed to bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages, and for reasonable attorney’s fees as part of the costs of any such action for damages.

This new section of law would not prohibit:

• An employer or its agent, representative, or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of that legal requirement.

• An employer or its agent, representative, or designee from communicating to its employees any information that is necessary for those employees to perform their job duties.

• An institution of higher education, or any agent, representative, or designee of that institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia, or an academic program at that institution.

• A requirement limited to the employer’s managerial and supervisory employees.

Finally, this new section of law would not apply to:

• A religious corporation, entity, association, educational institution, or society that is exempt from the Civil Rights Act of 1964.

• A political organization or party requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s political tenets or purposes.

An educational institution requiring a student or instructor to attend lectures on political or religious matters that are part of the regular coursework at the institution.