News & Analysis as of August 16, 2025

Employment Litigation

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Employment Litigation Roundup: June 2025

Seward & Kissel LLP on 7/8/2025

In Miele v. Foundation Medicine, Inc., the Massachusetts Supreme Judicial Court (“SJC”) held that the Massachusetts Noncompetition Agreement Act, G. L. c. 149, § 24L (the “Act”), which generally prohibits noncompete and...more

A New Challenge to Mandatory Labor Peace Agreements Is Filed While Another Is Dismissed

Shipman & Goodwin LLP on 4/29/2025

On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

Sheppard Mullin Richter & Hampton LLP on 3/6/2025

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

California Senate Bill 399: Captive Audience Law Challenged in Federal Lawsuit

Perkins Coie on 2/3/2025

As of January 1, 2025, Senate Bill (SB) 399, the California Worker Freedom from Employment Intimidation Act (the Act), prohibits employers from subjecting or threatening to subject employees to discrimination, retaliation,...more

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

Proskauer - California Employment Law on 1/21/2025

As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

Weintraub Tobin on 1/14/2025

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Showdown Over Workplace Speech – Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing

Jackson Lewis P.C. on 1/8/2025

On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more

Cannabis Operator Challenges California State Statute and Regulations Requiring Labor Peace Agreements

Sheppard Mullin Richter & Hampton LLP on 5/8/2024

On April 26, 2024, Ctrl Alt Destroy, Inc. (“CAD”), a California Corporation and cannabis licensee filed a lawsuit against Nicole Elliott in her official capacity as Director of the State of California’s Department of Cannabis...more

Valentine’s Day Marks Compliance Deadline for California Noncompete Notification Requirement

Perkins Coie on 1/23/2024

For some time now, California law has generally prohibited employers from entering into post-employment noncompete agreements with employees unless an exception applies. The basis for this prohibition is found in Section...more

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