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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

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Marissa Rael

Associate
Hunton Andrews Kurth LLP

Email: mrael@hunton.com

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9th Circuit reviews challenge to California's captive audience law
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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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