“California Worker Freedom from Employer Intimidation” Law: What Qualifies as Intimidation?
California has recently enacted a new, controversial statute preventing employers from requiring employees to attend political or religious meetings. California Labor Code § 1137, which became effective on January 1, 2025, prohibits employers from discriminating against, retaliating against, or imposing adverse action on an employee, or threatening the same, because the employee declined to attend an employer-sponsored meeting or affirmatively declined to participate in or listen to employer communications about the employer’s opinion on religious or political matters. Additionally, if an employee refuses to attend such meeting and the meeting takes place during an employee’s scheduled shift, the employee must continue to be paid while the meeting is being held.
Key Provisions of the Law
- What Meetings Qualify: Employees cannot be penalized for refusing to attend meetings that are political or religious in nature. Meetings are considered political if the meeting relates at all to political elections, political parties, legislation or regulations, or the decision to join or support a labor organization. A meeting relates to a religious matter if it discusses a religious affiliation or the decision to support or join any religious organization. The definitions for these terms are broad and could encompass a number of topics.
- Exceptions to the Law: There are narrow exceptions to this law. Employers will not be viewed as violating the law who (1) are religious entities speaking on religious matters to employees who perform work in connection with the religious entity; (2) are political organizations or parties communicating to an employee; (3) are educational organizations requiring a student or instructor to attend religious or political lectures that are included in the organization’s coursework; (4) are nonprofit organizations requiring individuals to attend coursework, fieldwork, or community service relating to political or religious matters as it relates to the organization’s mission. Additionally, an employer will not be penalized for requiring employees to attend training the employer is obligated to provide under the law.
What Does This Mean for Employers?
With the implementation of this law, employers need to be careful to what meetings it requires employees to attend and the contents of those meetings. The definition for what qualifies as a political matter is broad and, importantly, includes labor discussions. While this does not limit the ability of an employer to have political or religious meetings, it does require the employer not penalize employees who choose not to attend.
Currently, business groups in California are bringing suit to prevent the enforcement of Cal. Lab. Code § 1137, claiming this statute is a violation of business’s freedom of speech rights and contradicts federal law. Because there has not been a ruling in this litigation, employers are required to continue to follow Cal. Lab. Code § 1137. An employer will be subject to a $500 civil penalty per employee for each violation. This code can be enforced by the Labor Commissioner or though an employee’s private civil action.
Conclusion
California’s new “California Worker Freedom from Employer Intimidation Law” is considered a big win for union leaders in California. Employers with operations in California need to carefully instruct supervisors on the new law to ensure compliance in California.
