Last Updated on December 17, 2024

The California Worker Freedom from Employer Intimidation Act, enacted as Senate Bill 399 (SB 399), marks a significant shift in how employers can communicate with employees regarding political and religious matters. Set to take effect on January 1, 2025, this legislation introduces new restrictions to protect employees from coercion or intimidation in the workplace.

Below, we break down the key provisions, implications and steps employers should take to ensure compliance with SB 399.

Key Provisions of SB 399

The Worker Freedom from Employer Intimidation Act establishes the following critical rules:

• Prohibition on Mandatory Meetings: Employers cannot require employees to attend meetings or participate in communications intended to express the employer’s opinions on:
  • Political matters; i.e. elections, legislation and union activities.
  • Religious matters; i.e. beliefs, affiliations or practices.
• No Retaliation: Employers are prohibited from disciplining, discharging, or discriminating against employees who refuse to attend such meetings or communications.
• Penalties for Non-Compliance: Employers found in violation of SB 399 may face:
  • A civil penalty of $500 per employee for each violation.
  • Additional damages through employee-led civil actions, including punitive damages and injunctive relief.
• Definition of Political and Religious Matters:
  • Political matters include issues related to elections, political parties, labor organizations or legislative processes.
  • Religious matters encompass an individual’s beliefs, practices or decisions to affiliate with religious organizations.

The California Labor Commissioner is tasked with enforcing the Act, investigating violations and ordering relief as necessary.

Implications for Employers

Employers must take note of the following practical and operational implications:

1. Increased Scrutiny on Workplace Communications: Employers will need to closely monitor communications to ensure compliance, particularly in contexts where political or religious opinions might be perceived as coercive.
2. Potential for Legal Liability: Employers who fail to adapt to the new requirements face significant financial penalties, civil actions, and reputational harm.
3. Strain on Management Practices: Employers must train leadership and HR personnel to adapt to the new rules, avoiding inadvertent violations during workplace discussions.

Steps to Ensure Compliance

To minimize risk and comply with SB 399, employers should take the following steps before January 1, 2025:

• Policy Review and Revision: Evaluate and update employee handbooks, policies, and meeting practices to ensure they align with the law’s requirements.
• Employee Education: Inform employees of their right to opt out of meetings or communications discussing political or religious matters, reinforcing their protections under SB 399.
• Manager and Supervisor Training: Provide targeted training for leadership to ensure they understand the law and can confidently navigate workplace discussions without violating employee rights.
• Consult with Legal Experts: Work with legal counsel to audit current practices and ensure compliance with both SB 399 and any relevant federal laws, such as the National Labor Relations Act (NLRA).
• Clear Documentation Practices: Keep thorough records to demonstrate that employee participation in any discussions involving political or religious topics was completely voluntary.

Partnering with MyHRConcierge for SB 399 Compliance

The California Worker Freedom from Employer Intimidation Act, or SB 399, underscores the state’s ongoing efforts to protect employee rights in the workplace. While the law introduces new restrictions for employers, businesses can navigate these changes effectively through careful planning, updated policies and clear communication.

As January 1, 2025 approaches, now is the time for employers to evaluate their practices, educate leadership teams, and ensure compliance to avoid costly penalties and legal disputes.

With MyHRConcierge’s tailored HR services, we ensure you’re compliant and set up for success in the evolving human resources landscape. Contact us today contact us today at ccooley@myhrconcierge.com, 855-538-6947 ext 108, or, schedule a free consultation below to ensure your organizations are prepared for 2025 and beyond: