California, October 4, 2025
News Summary
A federal judge has issued a preliminary injunction against California’s Senate Bill 399, affirming employers’ First Amendment rights. The law sought to limit employer communications on religious and political issues, particularly regarding unionization. This ruling, welcomed by the National Federation of Independent Business, emphasizes the importance of free speech for employers and highlights ongoing tensions between state and federal labor laws. As litigation continues, stakeholders are urged to monitor its implications for workplace communication in California.
California – A federal judge has issued a preliminary injunction against California’s Senate Bill 399 (SB 399), temporarily blocking its enforcement and reaffirming employers’ First Amendment rights. U.S. District Judge Daniel Calabretta ruled that the law, which was passed in 2024 and took effect in 2025, is preempted under the National Labor Relations Act (NLRA).
SB 399 aimed to restrict employer communications regarding religious or political issues, specifically concerning mandatory attendance at meetings discussing topics such as unionization. The ruling indicates a significant affirmation of employers’ rights to free speech within their businesses.
The National Federation of Independent Business (NFIB) has welcomed the ruling, emphasizing its importance for small business owners’ free speech rights. The federal lawsuit challenging SB 399 was initiated in December by a coalition including the California Chamber of Commerce and the California Restaurant Association, who argue that the legislation infringes on employers’ constitutional rights and imposes undue legal liabilities.
The lawsuit points out that SB 399 attempts to regulate communication on vital workplace issues, which could lead to complications in employer-employee relations. It further contends that state-level attempts to enforce collective bargaining rights through Assembly Bill 288 encroach upon federally protected areas.
Assembly Bill 288 grants enforcement powers regarding collective bargaining rights to the state Public Employment Relations Board (PERS) in scenarios where the NLRA might not act swiftly. The plaintiffs argue that California is improperly expanding its authority over areas largely defined and protected by federal law.
The request for the injunction and the ongoing litigation reflects broader shifts in labor law administration under the current federal government, which has seen various interpretations of the NLRA evolve over time. As such, the enforcement of SB 399 will remain suspended while the case is heard in district court, with the potential for a permanent injunction based on the court’s final determination.
Representatives from the NFIB have stated the critical importance of maintaining the ability of employers to communicate openly with their employees without restrictions imposed by laws like SB 399, asserting that free speech should prevail in workplace communications.
The legislation was previously condemned as a “Job Killer” by the California Chamber of Commerce during the 2024 legislative session, highlighting the apprehensions surrounding its potential impact on job creation and business operations.
As the legal battle continues, it remains crucial for stakeholders, including employers, employees, and policymakers, to closely monitor the developments of this case and the implications it may hold for labor laws in California and beyond.
Frequently Asked Questions
What is Senate Bill 399 (SB 399)?
SB 399 was passed in 2024 and took effect in 2025, aiming to limit employer communications regarding religious or political issues.
What was the ruling issued by U.S. District Judge Daniel Calabretta?
The judge ruled that SB 399 is preempted under the National Labor Relations Act (NLRA), affirming employers’ First Amendment rights.
What are the implications of the injunction against SB 399?
The injunction temporarily halts the enforcement of SB 399 pending further litigation.
Who initiated the federal lawsuit against SB 399?
The plaintiffs, which include the California Chamber of Commerce and California Restaurant Association, initiated a federal lawsuit last December to contest SB 399’s constitutionality.
What impact does Assembly Bill 288 have on collective bargaining rights?
Assembly Bill 288 gives enforcement powers over collective bargaining rights to the state Public Employment Relations Board (PERS) when the NLRA fails to act promptly.
| Key Features | Details |
|---|---|
| Law | Senate Bill 399 (SB 399) |
| Judge | U.S. District Judge Daniel Calabretta |
| Type of Ruling | Preliminary injunction |
| Effective Date of SB 399 | 2025 |
| Plaintiffs | California Chamber of Commerce, California Restaurant Association |
| Impact on Employers | Affects free speech rights regarding workplace issues |
| Assembly Bill 288 | Gives enforcement powers over collective bargaining rights to state PERS |
Deeper Dive: News & Info About This Topic
- California Chamber of Commerce
- National Federation of Independent Business
- Labor and Employment Law Blog
- Google Search: California Senate Bill 399
- Wikipedia: Freedom of Speech in the United States
Author: STAFF HERE HUNTINGTON BEACH
The Huntington Beach Staff Writer represents the experienced team at HEREHuntingtonBeach.com, your go-to source for actionable local news and information in Huntington Beach, Orange County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as the Huntington Beach Surf City USA Marathon, the U.S. Open of Surfing, Fourth of July celebrations at the Huntington Beach Pier, and community festivals at Huntington Beach Central Park. Our coverage extends to key organizations like the Huntington Beach Chamber of Commerce and Visit Huntington Beach, plus leading businesses in retail, hospitality, and outdoor recreation that drive the local economy. As part of the broader HERE network, including HEREAnaheim.com, HERECostaMesa.com, HERESantaAna.com, and HERELosAngeles.com, we provide comprehensive, credible insights into Southern California's dynamic landscape.
