California, October 4, 2025
News Summary
U.S. District Judge Daniel Calabretta has issued a preliminary injunction against California’s Senate Bill 399, which aimed to restrict employer communications on religious and political issues. The ruling affirms employers’ First Amendment rights under the National Labor Relations Act (NLRA). As litigation continues, the decision has been heralded as a significant win for small business owners concerned about free speech. The injunction suspends the law’s enforcement, highlighting ongoing tensions between state regulations and federal labor laws.
California – In a significant ruling, U.S. District Judge Daniel Calabretta has issued a preliminary injunction, effectively blocking the enforcement of Senate Bill 399 (SB 399) in California. This legislation, which was passed in 2024 and took effect in 2025, aimed to restrict employer communications related to religious or political issues. The ruling asserts that SB 399 is preempted under the National Labor Relations Act (NLRA), upholding employers’ First Amendment rights to free speech within their workplaces.
The court’s decision temporarily halts the enforcement of SB 399 while further litigation unfolds. John Kabateck, the California state director for the National Federation of Independent Business (NFIB), indicated that the ruling is a positive development for small business owners, emphasizing the importance of preserving free speech rights for employers.
SB 399 was described as a “Job Killer” by the California Chamber of Commerce during the 2024 legislative session. It sought to prevent employers from mandating employee attendance at meetings discussing religious or political topics, including unionization. Opponents of the bill, including the California Chamber of Commerce and the California Restaurant Association, argue that it infringes upon employers’ free speech rights and imposes legal liabilities concerning communications about critical workplace issues.
The plaintiffs initiated a federal lawsuit against SB 399 in December, contesting its constitutional validity on the basis that California’s law intrudes on federally protected rights. They argue that such state-level regulations, including collective bargaining enforcement under Assembly Bill 288, improperly assert authority over areas already governed by federal law. Assembly Bill 288 empowers the state Public Employment Relations Board (PERS) to act when the NLRA does not respond promptly, raising further questions about the state’s overreach in labor regulations.
This legal battle occurs amid broader changes in labor law interpretations and governance under the current federal administration. The ongoing litigation will determine whether the injunction becomes permanent, allowing the court to address the constitutionality of SB 399 definitively. Meanwhile, the NFIB has reiterated the necessity for employers to communicate openly with their employees without the restrictions imposed by state laws like SB 399.
The enforcement of SB 399 will continue to be suspended as the legal process advances in district court. The case highlights critical tensions between state and federal regulatory powers in labor relations and the importance of First Amendment protections for businesses.
FAQ Section
What is Senate Bill 399 (SB 399)?
SB 399 was passed in 2024 in California and took effect in 2025, aiming to limit employer communications regarding religious or political issues.
What did the recent court ruling concerning SB 399 determine?
The ruling issued by U.S. District Judge Daniel Calabretta is a preliminary injunction that blocks enforcement of SB 399, affirming that it is preempted under the National Labor Relations Act (NLRA) and supports employers’ First Amendment rights.
Why was SB 399 criticized?
Critics categorized it as a “Job Killer” during the legislative session, asserting that it infringes on employers’ rights to free speech and creates legal liabilities for addressing significant workplace issues.
What are the next steps following the ruling?
The ruling temporarily halts enforcement of SB 399 while litigation continues in district court, with the potential for a permanent injunction depending on the final outcome.
What is Assembly Bill 288?
Assembly Bill 288 grants enforcement powers over collective bargaining rights to the state Public Employment Relations Board (PERS) when the NLRA fails to act promptly.
Chart of Key Features Related to SB 399
| Feature | Description |
|---|---|
| Legislation Name | Senate Bill 399 (SB 399) |
| Passage Year | 2024 |
| Effective Year | 2025 |
| Purpose | To limit employer communications regarding religious or political issues |
| Judicial Ruling | Preliminary injunction issued by U.S. District Judge Daniel Calabretta |
| Key Argument | Infringement of employers’ First Amendment rights |
| Associated Lawsuit | Filed by the California Chamber of Commerce and California Restaurant Association |
| Current Status | Enforcement blocked pending further litigation |
Deeper Dive: News & Info About This Topic
- California Chamber of Commerce
- National Law Review
- NFIB Press Release
- Labor and Employment Law Blog
- Wikipedia: First Amendment to the United States Constitution
- Encyclopedia Britannica: Fourteenth Amendment
Author: STAFF HERE HOLLYWOOD
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