The Sacramento-based U.S. District Court for the Eastern District of California has enjoined enforcement of SB 399 (Wahab, D-Hayward), 2024 legislation restraining employers’ ability to meet with their employees to explain an employer’s opposition to unionization or an ongoing union campaign (see, Governor Acts on Ag Employment-Related Bills, FELS website, October 17, 2024). Employer advocates had opposed SB 399 on the grounds that it constituted an unconstitutional infringement of employers’ First Amendment rights.

The court granted the employer association plaintiffs a preliminary injunction prohibiting the state of California, including Attorney General Rob Bonta and Labor Commissioner Lilia Garcia-Brower, from taking any action to enforce the employer-mandated meeting prohibitions of SB 399. Unions have successfully sought similar legislation is several other states; this is the first instance where a federal court has enjoined enforcement. Courts grant the extraordinary relief of preliminary injunctions to prevent a party to the litigation (in this case, enforcement agencies) from taking actions that could cause irreparable harm (to California employers) or render a future judgement meaningless. The party requesting a preliminary injunction must demonstrate a strong likelihood of success on the merits of their case, a substantial threat of irreparable harm if the injunction is not granted, and that the harm to the party seeking the injunction will exceed any harm to the other party.

The State of California has the right to an immediate appeal to the U.S. Ninth Circuit Court of Appeal, but has not yet announced an appeal.