On October 29, 2026, the U.S. Court of Appeals for the Ninth Circuit upheld a preliminary injunction blocking California from enforcing Senate Bill 399 (SB 399), a law restricting employers from requiring employees to attend meetings discussing political or religious matters.

In California Chamber of Commerce v. Bonta, No. 25-6874 (9th Cir. Oct. 29, 2026), the Ninth Circuit ruled that SB 399 likely violates employers’ First Amendment free speech rights. The decision represents an important development for California employers seeking to communicate with employees about political or religious matters.

What Is SB 399?

California enacted SB 399 in 2024 to prohibit employers from taking adverse action against employees who decline to attend employer-sponsored meetings or receive communications expressing the employer’s opinions on political or religious matters, commonly known as “captive audience” meetings.

Under SB 399, employers could not discipline, terminate, or otherwise retaliate against employees who declined to attend such meetings (including meetings concerning unionization). Several business organizations challenged the law before it took effect. In 2025, a federal district court granted a preliminary injunction blocking California from enforcing SB 399.

What Did the Ninth Circuit Decide?

The Ninth Circuit upheld the preliminary injunction, finding that SB 399 likely violates the First Amendment because it specifically targets employers’ speech about political and religious matters. The Court rejected California’s argument that the law merely regulates workplace conduct rather than speech. Instead, the Court determined that SB 399 improperly singles out employers based on the content of their speech for government regulation. SB 399 remains unenforceable while litigation continues.

What Does This Mean for California Employers?

For now, California employers are not subject to SB 399’s restrictions on mandatory meetings discussing political or religious matters. However, employers should remain cautious when conducting meetings involving unionization, or other protected workplace activities. Federal labor law continues to regulate employer communications.

Employers should therefore review their workplace communication policies and consult employment counsel before requiring attendance at meetings involving union-related matters.

Stokes Wagner will continue monitoring developments concerning SB 399 and federal labor law. Employers with questions about workplace communications, union organizing, or compliance obligations should contact a Stokes Wagner attorney for guidance.

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THIS DOCUMENT PROVIDES A GENERAL SUMMARY AND IS FOR INFORMATIONAL/EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE COMPREHENSIVE, NOR DOES IT CONSTITUTE LEGAL ADVICE. PLEASE CONSULT WITH COUNSEL BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION.