California captive-audience ban remains blocked

California’s hands will remain tied from enforcing its ban on “captive audience” meetings.

The California Worker Freedom From Employer Intimidation Act, which took effect in 2025, prohibits employers from penalizing employees who decline to attend or participate in a meeting or to listen to communication from the employer conveying its opinion on political or religious matters. Employers are required to continue to pay employees who work at the time of a captive-audience meeting and choose not to attend. The law defines political matters to include the decision to join or support a union.

Industry groups sued to block the law. Later that year, a federal district court granted them a preliminary injunction temporarily blocking California from enforcing the law, on the grounds that it is preempted by the National Labor Relations Act and is also an unconstitutional attempt to regulate employer speech in violation of the First Amendment.

Yesterday, the 9th Circuit Court of Appeals upheld the lower court’s injunction. It concluded that the industry groups are likely to succeed on the merits of their First Amendment claim.

“Because employers are forbidden from taking adverse action only if they communicate certain messages at the underlying meeting, the law inevitably singles out employers based on their expressive activity,” the 9th Circuit said.

“By upholding the ruling of the district court, the Ninth Circuit has ensured those in the agriculture and restaurant industries – along with all California businesses – can communicate openly with their employees about any issue that might affect a company,” the industry groups said in a statement.

The California Office of the Attorney General said it is reviewing the ruling but had no further comment.

Several other states also ban captive audience meetings.