Last week, California Governor Gavin Newsome signed two bills into law that affect California employers' discretion with regard to employees and applicants for employment. The first law seeks to prohibit so-called "captive audience" meetings where companies require employees to attend meetings that cover religious or political topics. Importantly, political topics include the company’s position with regard to union organizing. In other words, the law assesses a $500 civil penalty per employee if the employer requires employees to attend a meeting where its position regarding organizing attempts is discussed.
California joins a handful of states that have enacted similar laws intended to limit how employers oppose unionization campaigns. These laws have been challenged in federal courts on the grounds that the National Labor Relations Act preempts these restrictions, and that they violate the employer’s First Amendment free speech rights. The California law excludes some employers, including religious and political organizations.
The second bill prohibits California employers from advertising that a valid driver’s license is required for many jobs within the state. The measure’s proponents believe that these requirements exclude many qualified applicants when there is no clear need for the employee to drive as part of their job duties. The new law only allows employers to require a driver’s license where there are reasonable grounds to conclude that driving is a job function of the position and where alternative forms of transportation would take too much time or expense to be effective. Alternative forms of transportation include public transit, ride-sharing services, bicycles, etc.
The law appears particularly aimed at companies that require driver’s licenses for employees to commute to and from work. This law takes effect January 1, 2025. California is often a laboratory for new labor measures that are eventually adopted by other states. If the law proves effective in increasing employment opportunities for persons unable to obtain licenses, it might prove to be a template for similar measures elsewhere in the U.S.
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