IN SUMMARY
The legislation that went into impact this yr permits employees to not attend anti-union conferences organized by their employers.
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California corporations are suing to cease a brand new state legislation that prohibits them from requiring workers to attend anti-union conferences at work.
The state Chamber of Commerce and the California Restaurant Affiliation filed swimsuit in federal courtroom on New Yr’s Eve, a day earlier than the brand new legislation went into impact, in search of to dam its utility.
The Regulation prohibits employers from disciplining employees who refuse to attend office conferences to listen to their bosses’ “opinion on religious or political matters,” together with whether or not or not workers ought to unionize. Companies might be fined $500 per day for violations.
Labor teams mentioned these so-called captive viewers conferences intimidate employees and forestall them from exercising their proper to unionize; Enterprise teams argued that they intrude with employers’ proper to free expression, together with discussing how political or coverage developments have an effect on their workplaces.
The legislation, authored by Hayward Democratic Sen. Aisha Wahab, was one of many few victories for unions within the 2024 legislative session. California joined 10 different largely Democratic states that enacted related legal guidelines amid elevated labor group lately. Unions, anticipating the Trump administration to be much less favorable to them, They have been relying on state legislation to assist protect essentially the most favorable atmosphere for the group of the final 4 years.
For instance, the Nationwide Labor Relations Board, which for many years has allowed employers to carry so-called captive viewers conferences, issued a ruling in November that classifies them as unlawful. However Amazon, the employer in that case, is difficult the ruling, and labor specialists count on the board to reverse its place underneath Trump. In that case, California’s ban on gatherings would stay in impact.
However the lawsuit difficult the legislation is not any shock. Firms have already sued over related legal guidelines in different states. In 2009, Wisconsin was one of many first states to ban such gatherings; When employers sued the next yr, arguing that it conflicted with federal legislation, the state backed down and agreed to not implement it. Nevertheless, in Oregon, a courtroom dismissed the same problem launched by the final Trump administration.
California enterprise teams, of their lawsuit, mentioned the legislation violates the First Modification and conflicts with the federal Nationwide Labor Relations Act. It prevents employers, they mentioned, from “sharing true facts” with employees, together with the price of union dues, “union interference in employer-employee relations, union prioritization of the collective over individual employees, and the financial impacts on employers.”
“Employers have the right to express their views and opinions on many issues,” Jot Condie, president and CEO of the state Restaurant Affiliation, mentioned in an announcement.
Wahab couldn’t instantly be reached for remark.
This text was initially printed by CalMatters.