Our readers may have heard about “captive audience” laws that prohibit employers from holding mandatory meetings that include topics related to religion, politics or union organizing (specifically reflecting anti-union sentiment). A number of states have such laws. Further, the National Labor Relations Board (NLRB) prohibits these meetings.
California has a law regarding captive audience meetings. However, it is more limited. Further, it’s currently being held up in court. So what’s the status on captive audience meetings in our state?
California law doesn’t specifically prohibit these meetings (although, as noted, the NLRB does). The state law does prohibit employer retaliation against a worker who chooses not to attend.
What does the law say?
The law states that an employer “shall not subject, or threaten to subject, an employee to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about religious or political matters.” Further, any employee who chooses to work while the meeting is taking place (if it’s during working hours) cannot be denied their usual pay for that time.
The law also cites the amount of money that employers can be fined for not following the law: $500 per employee per violation. They can also face litigation from individual employees who suffered retaliation.
The court case
While the law was scheduled to take effect nearly two years ago, multiple lawsuits have led to a preliminary injunction that has blocked it. The U.S. Court of Appeals for the Ninth Circuit has heard the case but has not yet made a ruling on whether or not to lift the injunction and allow the law to be followed.
In the meantime, any employee who has faced termination or any other retaliation that they believe is linked to their decision not to attend one of these meetings or to expressing concerns about one can benefit from getting legal guidance to help protect their rights and their job.