California, October 4, 2025
News Summary
In a significant ruling, U.S. District Judge Daniel Calabretta issued a preliminary injunction against California’s Senate Bill 399, which aimed to restrict employer communications on religious and political issues. The judge found the law preempted under the National Labor Relations Act, affirming employers’ First Amendment rights. This decision follows a lawsuit from the California Chamber of Commerce and California Restaurant Association, arguing SB 399 posed legal liabilities and infringed on free speech. The ruling halts the enforcement of the bill while the case is litigated, potentially influencing similar legislative matters nationwide.
California – A significant legal development transpired recently as U.S. District Judge Daniel Calabretta issued a preliminary injunction against California’s Senate Bill 399 (SB 399). This ruling prevents the enforcement of the legislation, which was passed in 2024 and took effect in 2025, aiming to limit employer communications regarding religious or political issues within their businesses.
The judge’s ruling deemed SB 399 preempted under the National Labor Relations Act (NLRA), reinforcing employers’ First Amendment rights. This decision underscores the importance of free speech for employers, allowing them to communicate openly without state restrictions about critical workplace matters, such as unionization and other political topics.
The injunction comes in response to a federal lawsuit filed by the California Chamber of Commerce and the California Restaurant Association last December, challenging the constitutionality of SB 399. These plaintiffs argue that the law encroaches on employers’ free speech rights and poses unnecessary legal liabilities for discussing essential workplace issues. The California Chamber of Commerce had previously labeled SB 399 as a “Job Killer” during the 2024 legislative session.
Details of the Ruling and Legal Implications
The temporary halt on the enforcement of SB 399 remains in place while the litigation progresses in district court. This injunction may potentially lead to a permanent ruling depending on the case’s outcome. The National Federation of Independent Business (NFIB) has expressed strong support for the ruling, emphasizing that it is essential for employers to communicate with their employees without state-imposed constraints.
The lawsuit against SB 399 also points to California’s Assembly Bill 288, which seeks to grant enforcement powers over collective bargaining rights to the state Public Employment Relations Board (PERS) when actions under the NLRA are delayed. The plaintiffs contend that these state-level efforts overstep federal authority and that California is improperly asserting control over areas already governed by federal law.
Context of Labor Law Shifts
This legal confrontation occurs amidst broader shifts in labor law and governance policies initiated by the current federal administration, which have influenced interpretations of the NLRA. As these developments unfold, the implications of this case could have lasting effects on employer-employee relations statewide and potentially influence similar legislative initiatives in other states.
As the litigation continues, the enforcement of SB 399 will remain suspended, allowing for further examination of the legal arguments surrounding the law’s impact on First Amendment rights and its compatibility with federal regulations.
Conclusion
The ruling by Judge Calabretta stands as a critical moment for employers in California, safeguarding their rights to communicate freely with employees about various topics that may include important workplace and political issues. The outcome of this case will mark a significant chapter in the evolving narrative of labor law in the United States.
FAQs
What is California’s Senate Bill 399?
Senate Bill 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 judge’s ruling regarding SB 399?
U.S. District Judge Daniel Calabretta issued a preliminary injunction against SB 399, ruling it is preempted under the National Labor Relations Act (NLRA), which reaffirms employers’ First Amendment rights.
Who initiated the lawsuit against SB 399?
The lawsuit was initiated by the California Chamber of Commerce and California Restaurant Association to contest SB 399’s constitutionality.
What does the ruling mean for employers?
The ruling affirms employers’ rights to speak freely within their businesses, allowing open communication with employees about workplace matters without restrictions imposed by state laws like SB 399.
What is Assembly Bill 288?
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.
Summary of Key Features
Feature | Description |
---|---|
Senate Bill 399 | A legislation passed in 2024 to limit employer communication about religious and political issues. |
Preliminary Injunction | A temporary order issued by Judge Calabretta halting the enforcement of SB 399. |
First Amendment Rights | The judge’s ruling reaffirms employers’ rights to communicate freely in the workplace. |
Lawsuit Plaintiffs | The California Chamber of Commerce and California Restaurant Association. |
Assembly Bill 288 | A bill granting state enforcement powers over collective bargaining rights, contended in the lawsuit. |
Deeper Dive: News & Info About This Topic
- California Chamber of Commerce News
- National Federation of Independent Business
- Labor & Employment Law Blog
- Daily Journal
- Wikipedia: First Amendment to the United States Constitution
- Encyclopedia Britannica: First Amendment

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