Amici Curiae Brief Filed in Case Challenging Captive Audience Meeting Ban
Published Friday, February 13, 2026
Senate Bill 399 added to the California Labor Code a provision that forbids an employer from taking or threatening adverse action against an employee for refusing to attend a meeting where the employer’s opinion about joining or supporting a labor union will be communicated. In other words, the statute prohibits an employer from requiring employees to attend a so-called “captive audience” meeting at which it will be explained why the workplace should remain union free.
California Chamber of Commerce and California Restaurant Association sued in the U.S. District Court for the Eastern District of California to enjoin the statute’s enforcement. On Sept. 30, that court issued a preliminary injunction blocking its enforcement. Agreeing with the Chamber of Commerce and the Restaurant Association, the court held the statute is both preempted by the National Labor Relations Act and an impermissible content-based regulation of speech. The state of California has appealed the injunction’s issuance to the 9th U.S. Circuit Court of Appeals.
California Farm Bureau joined in an amici curiae brief, led by California Employment Law Council along with Institute for the American Worker and California Trucking Association, supporting the position of the Chamber of Commerce and Restaurant Association. California Chamber of Commerce, et al. v. Bonta, et al., 9th Circuit, Docket No. 25-6874.
Staff contact: Carl Borden, cborden@cfbf.com.
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