SB 399 and the Preshift Meeting: Mandatory Meetings Under Labor Code 1137

Updated November 8, 2026. This article was first written in March 2025, when California’s law on mandatory employer meetings about political and religious matters had recently taken effect. It describes the law as written. Enforcement of the law has since been blocked by federal courts; see the “Current context” section near the end before relying on anything here. It is general information, not legal advice.

The preshift meeting is not just about specials

Preshift meetings are a hospitality ritual. Managers announce the specials, review reservations, flag VIP tables, remind staff about ID checks, and sometimes share news about the business. Most of that is routine. But since January 1, 2025, California employers have had a new reason to think about what else gets discussed when attendance is expected.

Senate Bill 399 added Labor Code section 1137, the “California Worker Freedom from Employer Intimidation Act.” It addresses what are often called “captive audience” meetings: employer-sponsored meetings or communications whose purpose is to share the employer’s opinion about political or religious matters.

What the law says

Section 1137(c) says an employer may not subject, or threaten to subject, an employee to discharge, discrimination, retaliation, or other adverse action because the employee declines to attend an employer-sponsored meeting, or declines to participate in, receive, or listen to communications, whose purpose is to communicate the employer’s opinion about religious or political matters. An employee who is working at the time and chooses not to attend must continue to be paid while the meeting is held.

The definitions are broad. “Political matters” means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization. “Religious matters” means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association.

For hospitality employers, the labor organization language stands out. A meeting called to share management’s opinion about unionization falls within “political matters” as the statute defines it.

Penalties and enforcement

Under section 1137(d), an employer who violates the section is subject to a civil penalty of $500 per employee for each violation, in addition to other remedies. The Labor Commissioner may enforce the section, including by investigating, ordering temporary relief, issuing citations, and filing civil actions. Alternatively, an employee may bring a civil action for damages, including punitive damages, and may seek temporary or preliminary injunctive relief.

What employers may still communicate

Section 1137(g) says the law does not prohibit an employer from communicating information it is required by law to communicate, to the extent of that requirement, or information necessary for employees to perform their job duties. Section 1137(h)(5) says the law does not apply to an employer requiring employees to undergo training to comply with the employer’s legal obligations, including obligations under civil rights laws and occupational safety and health laws.

In practical terms, a restaurant can still require staff to attend:

• Preshift meetings about menus, reservations, service steps, and side work.
• Training on ID checks and refusing service to obviously intoxicated guests.
• Harassment prevention training required under civil rights law.
• Workplace violence prevention training required under Labor Code section 6401.9.
• Briefings on new legal requirements, such as signage or license conditions.

Where the line gets blurry

Real conversations do not always fit neatly into categories. Some examples managers should think about:

• Talking about a new law. Explaining what a new minimum wage or signage law requires is job-related or legally required information. Sharing an opinion about whether the law is good policy moves toward “political matters.”
• Local ballot measures. A manager urging staff to vote a certain way on a local measure affecting restaurants is communicating an opinion about elections or legislation.
• Union activity. Sharing management’s opinion about whether employees should join a union falls within the statute’s definition of political matters.
• Holiday events. A voluntary holiday gathering with religious elements is different from a mandatory meeting whose purpose is to communicate religious opinions.

When in doubt, managers should separate job-related content from opinion content and make clear that any opinion portion is voluntary, without consequences for skipping it. Specific situations, especially those involving union organizing, should be reviewed with counsel, since federal labor law also governs employer communications about unions.

Building compliant meeting habits

Keep preshift focused

The simplest approach is to keep mandatory meetings focused on operations, safety, and legal requirements. Specials, guest service, ID checks, and incident follow-ups all belong there.

Separate optional sessions clearly

If ownership wants to share views on legislation or other political matters, hold a separate session, say clearly that attendance is optional, and make sure supervisors do not track or comment on who attends. The statute requires that employees working at the time who choose not to attend continue to be paid.

Train supervisors

Supervisors and shift leads often run preshift meetings. They should understand the difference between job duties and opinions on political or religious matters. A shift lead who editorializes about politics during a mandatory meeting can create risk for the business.

Watch written communications

The statute covers communications as well as meetings. Mandatory reading in scheduling apps or group chats deserves the same review as in-person meetings.

Multi-location groups and franchise operators

Restaurant groups and hotel companies often send messages from headquarters to every location: videos, newsletters, and talking points for general managers to read at preshift. Section 1137’s definition of “employer” includes agents, representatives, and designees acting on the employer’s behalf, so messages delivered by local managers on behalf of headquarters deserve the same review as messages from the owner. Before distributing company-wide communications that local managers must present, check whether any part shares an opinion on political or religious matters. If it does, separate that portion and make it clearly optional at every location. Consistent guidance from the top prevents one well-meaning general manager from creating a problem for the whole group.

Why this matters for safety training

Responsible beverage service and workplace safety depend on staff attending and engaging with training. The law’s exceptions for job-related and legally required training mean managers can and should continue to require RBS-related refreshers, refusal practice, and safety briefings. ABC’s RBS FAQ explains that on-premises alcohol servers and managers must be certified, and preshift reminders help keep those lessons fresh. Our server-to-manager decision-making article covers how managers lead those conversations well.

Respecting a diverse team

Hospitality teams include people with many political views and religious practices. Even apart from legal requirements, keeping mandatory meetings free of political and religious opinion supports a respectful workplace. Staff who feel pressured or singled out for their views are less likely to stay, and turnover is costly. Our harassment prevention guide discusses related workplace culture issues.

The worker’s side of the law

For employees, section 1137 is about the freedom to decline. A server who does not want to hear management’s opinion about an election, a bill, or a union campaign can choose not to attend a meeting held for that purpose, and the statute says they may not be disciplined or retaliated against for that choice. If they are working at the time, they continue to be paid. Section 1137(f) gives employees, or their exclusive representative in an injunction proceeding, a way to go to court. Workers who believe they were punished for declining can also bring the matter to the Labor Commissioner, which section 1137(e) authorizes to enforce the law.

Managers who understand the employee’s perspective are better placed to avoid problems. If attendance at a meeting is truly optional, say so clearly, and mean it.

Keeping a simple meeting record

A short written agenda for mandatory meetings helps show that the content was job-related. Many restaurants already keep a preshift notes log with specials, 86’d items, reservations, and reminders. Adding a line for safety or legal topics covered, such as “reviewed ID checks for spring break crowds,” creates a useful record. For any optional session, note that attendance was voluntary and keep attendance tracking out of supervisors’ hands.

A quick checklist for managers

• Is this meeting mandatory? If so, is every topic job-related, legally required, or required training?
• Does any part share an opinion about elections, parties, legislation, regulation, unions, or religion? If so, move it to an optional session.
• Is it clear to staff that the optional session is truly optional?
• Will employees who are working and decline still be paid during that time?
• Have supervisors been told not to track or comment on attendance?
• Has counsel reviewed any communication related to union organizing?

A scenario at a hotel restaurant

A hotel restaurant manager wants to talk with staff about a proposed local ordinance on service charges. She uses the mandatory preshift meeting to explain how the hotel would have to change menus and receipts if the ordinance passed, which is information staff need to do their jobs. When the general manager asks to share the company’s view that the ordinance is bad policy, she schedules a separate, clearly optional session and reminds supervisors not to track attendance.

Small habits like these protect both the business and the trust staff place in their managers.

Frequently asked questions

Can I still require staff to attend preshift meetings?

Yes, for job-related information. Section 1137(g) allows communication necessary for employees to perform their job duties.

Does the law cover required training?

Section 1137(h)(5) says the law does not apply to training required to comply with the employer’s legal obligations.

Does it cover union-related meetings?

The statute’s definition of political matters includes the decision to join or support a labor organization.

Current context as of November 8, 2026

Three industry groups, including the California Restaurant Association, sued to block SB 399 before it took effect. A federal district court granted a preliminary injunction in 2025, and on October 29, 2026, the U.S. Court of Appeals for the Ninth Circuit affirmed that injunction in California Chamber of Commerce v. Bonta, concluding the industry groups were likely to succeed on their First Amendment claim. As a result, California is currently enjoined from enforcing SB 399. The litigation may continue, so employers should check the status with counsel. The practical meeting habits above remain good practice regardless.

The bottom line

Keep mandatory meetings about the work, the guests, safety, and the law. Treat opinions on politics and religion as optional, and get legal advice for anything involving union organizing.

Sources

1. California Labor Code 1137
2. Ninth Circuit: California Chamber of Commerce v. Bonta (Oct. 29, 2026, current note)
3. California Labor Code 6401.9
4. ABC: RBS Frequently Asked Questions

This article is general information, not legal advice.