Labor Board Decision Adds Twist to State Captive Audience Cases

A National Labor Relations Board decision to outlaw mandatory anti-union meetings at work creates a potentially confusing preemption wrinkle in an already complex string of challenges against state laws banning these gatherings.

Three states so far are defending bans on captive audience meetings against legal challenges by business and policy advocacy groups. Opponents have signaled more suits will come, including in California where a captive audience law is set to take effect Jan. 1, opening employers to potential state-agency enforcement and lawsuits with the threat of punitive damages.

The states argue the bans are needed to prevent employers firing or ...