NLRB Bans Captive Audience Meetings for Workers, Joining California’s Decision to Ban the Same through SB 399

In a move that will directly impact workers across the nation, the current National Labor Relations Board (NLRB) in Amazon.com Services LLC, 373 NLRB No. 136, ended captive audience meetings. Captive audience meetings occur when an employer requires employees—under threat of discipline or discharge—to attend a meeting where the employer expresses its opposition to unionization.  The NLRB held these meetings violate Section 8(a)(1) of the National Labor Relations Act because they have a reasonable tendency to interfere with and coerce employees in the exercise of their Section 7 rights to freely decide whether, when, and how to participate in a debate concerning union representation, or refrain from doing so.

Just a few months before, the California Governor signed Senate Bill 399 (SB 399), known as the Worker Freedom from Employer Intimidation Act, to protect employees from mandatory captive audience meetings. Under this new statute, employers cannot require workers to attend meetings focused on political, religious matters, or union activity as a condition of employment.

Specifically, SB 399 restricts employers from compelling attendance at meetings where they discuss anti-union sentiments, unless attendance is entirely voluntary. Violating this law can result in a $500 penalty per employee per violation.

While the law aims to protect workers from being pressured or intimidated in the workplace, it does not apply to training on topics like harassment or diversity, which remain mandatory.

California joins several other states with similar protections, making it the largest state to pass such a measure. This law will be effective January 1, 2025, and the Labor Commissioner’s office is the designated enforcement agency.

The NLRB issued a press release summarizing Chairman McFerran’s comments on the impactful decision: “Ensuring that workers can make a truly free choice about whether they want union representation is one of the fundamental goals of the National Labor Relations Act. Captive audience meetings—which give employers near-unfettered freedom to force their message about unionization on workers under threat of discipline or discharge—undermine this important goal.”

The NLRB case does not apply retroactively.  We anticipate providing further updates as NLRB precedent on this issue will likely evolve following the recent election.

If you have questions about the law and how it applies to employees you represent, please contact your labor counsel.