Labor/Employment
Sep. 23, 2026
9th Circuit reviews challenge to California's captive audience law
The 9th Circuit is weighing whether California's "captive audience" law unlawfully restricts employer speech and conflicts with federal labor law, although questions about the challengers' standing could allow the court to avoid deciding those broader issues.
D. Andrew Quigley
Partner
Hunton Andrews Kurth LLP
Labor & Employment
550 S Hope St Ste 2000
Los Angeles , CA 90071
Phone: (213) 532-2121
Email: aquigley@hunton.com
USC Law School
On July 7, 2026, the 9th Circuit heard oral argument over California Senate Bill 399 (SB 399), the state's "captive audience" law. Subject to specified exceptions, SB 399 prohibits employers from taking or threatening adverse action against employees who decline to attend employer-sponsored meetings or affirmatively decline to participate in, receive or listen to communications whose purpose is to convey the employer's opinion about certain political or religious matters, inc...
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