If Newsom signs Senate Bill 399, California would join nine other states that have recently passed laws prohibiting an employer from requiring workers to attend so-called captive audience meetings about their political or religious views. 

Minnesota Gov. Tim Walz, the Democratic vice presidential candidate, signed one such law last year, and has touted it on the campaign trail. 

The California bill can cover discussions of employers’ views on political candidates or legislation, but it’s largely aimed at one specific kind of required workplace meeting — when bosses discuss whether workers should unionize. 

California workers, following a nationwide trend, have increasingly sought unionization in recent years. Union elections have spiked in the last three years, with nearly 17,000 workers voting at more than 300 California workplaces in 2023. So far in 2024, more than 14,000 California workers have voted in a union election, according to a CalMatters analysis of National Labor Relations Board data.

The National Labor Relations Board has generally allowed “captive audience” meetings for decades — provided employers don’t threaten workers or withhold benefits for supporting a union. But the board’s general counsel under President Joe Biden has sought to crack down on them, arguing they are often used to intimidate employees.

Business groups say the bill would be much broader, and would infringe on employers’ free speech rights. State bans in Connecticut and Minnesota have been challenged in court. Wisconsin in 2009 was one of the first states to ban such meetings; when employers filed suit the following year, arguing it conflicted with federal law, the state backed down and agreed not to enforce it. 

The California Chamber of Commerce made SB 399 one of their most fiercely contested bills this year. In a legislative alert on Tuesday, the chamber said the bill would “effectively chill any discussions related to legislation, regulations, or other ‘political matters.’” 

In an August letter to lawmakers opposing the bill, business groups argued they already can’t coerce workers to vote for certain candidates or to vote against unionizing, and said because the bill could fine bosses for talking to employees about political views but not other matters, it’s a violation of the First Amendment. 

The bill includes exemptions for “political organizations” that employ people whose job duties require them to engage in political activity, but chamber policy advocate Ashley Hoffman said in the letter that it’s too vague. 

But supporters say the bill only targets intimidation in the workplace by penalizing employers who punish workers for refusing to attend a “captive audience” meeting. 

“If an employer wants to share [their] beliefs at the worksite, that’s fine, but no one should be coerced to listen,” Assemblymember Eloise Gómez Reyes, a San Bernardino Democrat, said on the Assembly floor Friday before voting for the bill.  

The bill’s passage last week was a win for unions amid a number of losses this year in the Legislature, especially compared to the 2023 session. 

And while the state in the past two years has increased wages for fast food workers and health care workers, and boosted worker benefits such as paid sick days, labor-backed demands to make it easier to unionize or go on strike have been a tougher sell. 

“If we just keep doing legislation that makes things better for workers, that’s good, but it’s not the same power that you’re giving workers in the workplace when they’re able to strike, when they’re able to organize without intimidation,” Lorena Gonzalez, leader of the California Labor Federation, told CalMatters this week.

In 2022, Newsom was reluctant to sign a bill making it easier for farmworkers to form unions by giving them an option to signal their support without employers knowing who was voting. He only gave his approval after the United Farm Workers drummed up political pressure from fellow Democrats, including Biden. That law has now been challenged by growers in court. 

Last year, he vetoed a bill to allow striking workers to collect unemployment benefits, a proposal that Hollywood writers and actors said would have helped them through the “hot labor summer” of work stoppages. Unions attempted to revive the bill this year, and it passed the Senate but failed to get enough votes to clear an Assembly committee. 

The captive audience meetings bill also passed the Senate last year, and then eked out of the Assembly last week with just over the minimum 41 votes needed to pass (though a handful of Democrats added “yes” votes later). It won final approval in the Senate Saturday on a 31-9 vote. 

The chamber is urging Newsom to veto the bill. The governor has not taken a position, and has until the end of September to decide.  

Two other bills sent to Newsom last week seek to help laborers cut out of traditional worker protections. He has rejected versions of both before.

Newsom in 2022 vetoed an expansion of unemployment insurance to undocumented immigrants, saying that the bill didn’t identify how to pay for it. The unemployment bill passed this year would require the administration to figure that out, and then report the plan back to the Legislature. 

In the past three years, Newsom has twice vetoed an expansion of workplace safety regulations to include domestic workers, such as house cleaners, nannies and caretakers, citing concerns about subjecting thousands of private homes to possible workplace safety inspections. The bill passed this year exempts workers who are privately employed by a homeowner or who are sent to private homes by publicly funded programs — such as county programs that pay caretakers for the elderly and disabled. 

Instead, the bill that passed this year puts the onus on house cleaning and home care agencies to ensure their employees are safe.

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The $5.9 million in penalties, which were issued last month, stem from demands that the behemoth e-commerce company placed on thousands of workers at two of its Inland Empire fulfillment centers. The California Labor Commissioner’s Office found that managers at the facilities failed to provide employees with adequate explanations of quotas that they were expected to meet as they prepared orders for shipment.

Mindy Acevedo, staff attorney with the Warehouse Worker Resource Center, an advocacy group, said in a statement released Tuesday that “these citations show Amazon failed to follow fundamental parts of the law.”

The law, AB 701, went into effect at the beginning of 2022 and requires that companies explain in writing the speed at which warehouse workers are expected to complete a certain amount of work as well as the discipline the company may impose for failure to meet the quotas. Under the law, an employee cannot be required to meet a quota that prevents them from taking meal or bathroom breaks and rest periods.

Amazon spokesperson Maureen Lynch Vogel said in an email that the company plans to defend itself against the citations.

“We disagree with the allegations made in the citations and have appealed. The truth is, we don’t have fixed quotas. At Amazon, individual performance is evaluated over a long period of time, in relation to how the entire site’s team is performing,” Vogel said. “Employees can — and are encouraged to — review their performance whenever they wish. They can always talk to a manager if they’re having trouble finding the information.”

The citations include penalties of more than $1.2 million at a warehouse in Redlands and nearly $4.7 million at one in Moreno Valley.

The fines imposed on Amazon are among the first issued by the Labor Commissioner’s Office for failing to provide written quota descriptions to its workers. Since September 2023, the office has handed down $7.8 million in penalties — a total that includes the Amazon fines, according to the Warehouse Worker Resource Center.

The enforcement comes after years of scrutiny over working conditions inside Amazon’s warehouses, including investigations by state and federal agencies into the company’s safety practices. They also come as California has come under fire for failing to enforce labor laws around wage theft and other violations.

Lilia Garcia-Brower, the California Labor Commissioner, said Tuesday at a news conference in Ontario that Amazon had not been singled out for enforcement. Her office, she said, sent out hundreds of letters notifying companies of possible violations and followed up with inspections on companies that failed to respond or comply.

“We are not playing the game of gotcha here,” Garcia-Brower said.

At the news conference, Veronica Kern, who has worked at Amazon for seven years, and currently sorts products and loads them onto conveyor belts at the Moreno Valley warehouse, said it “can be a stressful and intense place,” with managers publicly chastising workers when they decide they aren’t working fast enough.

She described her manager telling her she needed to work faster and that she was performing in the bottom 5% of workers. He would stand outside the bathroom and get workers to hurry back to work, she said.

“They started treating us like a number rather than humans,” Kern said.

Kern recalled how managers would show workers real-time productivity data that they said showed them falling short of production targets, but often would not tell workers what those targets were, she said.

Garcia-Bower said her office will defend the Amazon citation at an appeal hearing. She encouraged workers to reach out to worker centers and other community organizations for help.

“It is so important for workers to come together, understand it is the bad-faith employer who wants you to feel isolated and alone and unfamiliar with your rights.”

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