Starting January 1, 2025, California employees will gain important new protections under the California Worker Freedom from Employer Intimidation Act (SB 399). This groundbreaking legislation safeguards employees' right to maintain professional boundaries with their employers around religious and political discussions in the workplace.

New Protections

The law establishes clear protections for employees who wish to opt out of employer communications about religion or politics. These protections cover a broad range of scenarios, from declining to attend meetings to opting out of receiving communications, which could include emails, brochures, or engaging in face-to-face conversations.

Protected matters include religious Topics related to religious affiliations, practices, or joining/supporting religious organization and political topics related to political candidates, parties, legislation, regulations, and decisions to support political or labor organizations, including unions.

Scope of Protections

You should be protected if you, for example:

• Decline to participate in employer-sponsored religious discussions
• Choose not to attend meetings about contacting elected officials
• Opt out of employer communications about political candidates or legislation

If you employees decline to attend work meetings, the employees who decline to attend must still receive their regular pay while the meeting takes place.

Union Organization Protections

One of the most significant aspects of this law is its protection of workers' rights regarding union-related communications. The Act effectively ends mandatory "captive audience" meetings where employers attempt to discourage union organization. It should also protect employees who refuse to receive anti-union literature or refuse to engage in conversations with their employer about unions. 

Strong Enforcement Mechanisms

The Act provides robust protections against retaliation. Employers are prohibited from:

• Terminating employees who decline to participate
• Discriminating against workers who opt out
• Taking any adverse action against employees exercising their rights under the law

If violations occur, employers face significant consequences, including civil penalties of $500 per employee per violation. These can potentially be sought under California's Private Attorney General Act (also known as "PAGA"), which would split the penalties recovered between the aggrieved employees and the California Labor & Workforce Development Agency. Affected employees may also pursue civil lawsuits for damages, including punitive damages when warranted. 

Seek Legal Assistance

If you believe your employer has violated these new protections by, for example:

• Forcing you to attend religious or political meetings
• Requiring participation in union-related discussions against your wishes
• Retaliating against you for declining such communications
• Failing to pay you while others attend meetings you've declines

You should consider consulting with an employment law attorney to understand your rights and potential remedies. Early legal intervention can help protect your rights and help ensure proper remedies for any violations.