Business
Column: California employers wrap themselves in the 1st Amendment to kill a pro-worker law
It’s always heartening to see the business establishment stand up for constitutional principles.
Well, almost always. Among the exceptions is when business leaders wrap themselves in the Constitution to secure their own privileges at the expense of the public interest.
That’s the case with a curious little lawsuit the California Chamber of Commerce and California Restaurant Assn. dropped in Sacramento federal court on New Year’s Eve. Their target is Senate Bill 399, otherwise known as the California Worker Freedom from Employer Intimidation Act, which was signed by Gov. Newsom on Sept. 27 and took effect on New Year’s Day.
It should be clear…that a captive-audience meeting is an extraordinary exercise and demonstration of employer power over employees.
— National Labor Relations Board
The law is straightforward. It bans “captive audience meetings,” which are those scheduled by employers to ply workers with religious, political and (especially) anti-union propaganda. Nothing in the law bars employers from holding such meetings when worker attendance is voluntary. The “captive” part, the law specifies, is when employees face “discharge, discrimination, retaliation, or any other adverse action” for failing to attend.
As my colleague Suhauna Hussain has reported, 10 other states have implemented similar bans. So far, they’ve survived legal challenges. Bans on captive meetings are under consideration in at least five other states. They also were outlawed by the National Labor Relations Board with a ruling on Nov. 13, overturning an anti-union policy dating from 1948. The 3-1 ruling, with the board’s Democratic members in the majority and its sole Republican in dissent, involved Amazon.com’s campaign against a union organizing drive at New York-area facilities. Amazon has said it will appeal the ruling.
Captive audience meetings are among “the most pernicious and coercive tactics an employer can use to browbeat and intimidate workers into voting against a union,” says William B. Gould IV, an emeritus professor of law at Stanford and a former chairman of the NLRB and the California Agricultural Labor Relations Board.
The NLRB’s November ruling applied to captive meetings involving unionization drives, which fall within the board’s jurisdiction. The California law goes further by bringing meetings involving political and religious matters into the mix. But the state laws and the NLRB’s ruling make the same distinctions between meetings at which attendance is voluntary, and those that workers are required to attend on pain of discipline. The first are legal, the second illegal.
Since they were seemingly blessed by the NLRB in 1948, captive audience meetings have become “a common feature” of corporate anti-union campaigns, the board observed in the Amazon case. A 2009 study of 1,004 NLRB-supervised union representation elections cited in its ruling found that captive audience meetings had been held in 89% of cases; more than half of the employers had held more than five “in the runup to an election.”
The Amazon campaign is a good example. In opposing the unionization drive, which was ultimately successful, Amazon scheduled mandatory meetings every 45 minutes, six days a week at the Staten Island, N.Y., warehouse where the drive originated. At these meetings, company representatives delivered speeches attacking unions in general and the Amazon union drive specifically.
The NLRB found that “managers personally notified employees that they were scheduled to attend, escorted them to the meetings, and scanned their ID badges to digitally record attendance.”
Amazon’s activities prompted the board to reconsider the 1948 policy, which was set forth in a case involving the boiler company Babcock & Wilcox. The board noted that the 1948 finding that captive audience meetings didn’t violate labor law was “largely unexplained” and “flawed” under the law. So it was bound to be overturned.
In its detailed analysis of the topic, the board cited numerous past board rulings and Supreme Court decisions that say that employers have the right to express their opinions about unions and unionization, but not to compel employees to listen.
“It should be clear,” the board found, “that a captive-audience meeting is an extraordinary exercise and demonstration of employer power over employees,” especially when the employees’ decisions on whether to join the union is at issue.
That brings us back to the lawsuit the Chamber and Restaurant Assn. filed in Sacramento federal court. The lawsuit asserts that any ban on mandatory meetings infringes the employers’ free-speech rights as enshrined in the 1st Amendment. (State officials haven’t yet filed a response.)
“Because of SB 399,” the plaintiffs say, “employers in California are now subject to liability, penalties, and other administrative action when they exercise their federal constitutional and statutory rights to talk to employees.”
We think the plaintiffs do protest too much, to quote Shakespeare. The California law does nothing of the kind.
“Under the bill, employers are not prevented from speaking to employees in any way on any subject, including about religious and political matters,” the AFL-CIO stated in a legal memo for the California Labor Federation, which supports the law.
It’s worth remembering that employers — notably restaurant owners — aren’t above using dubious claims to attack pro-worker initiatives. Back in June, I reported that fast food franchise owners asserted that California’s $20 minimum wage for fast food workers had cost the state 10,000 jobs in that sector, going back to September 2023, when Newsom signed the law.
I documented that the statistic was false; it was the product of a misinterpretation of government employment statistics that appeared initially in the Wall Street Journal and was repeated by UCLA economics professor Lee Ohanian for an essay on the Hoover Institution website. (Hoover subsequently retracted Ohanian’s essay, which had been specifically cited by the fast food camp for a newspaper ad.)
The plaintiffs may have a stronger argument in their assertion that California’s law governing employer rights in unionization cases is preempted by federal law, namely the 1935 National Labor Relations Act.
The AFL-CIO memo argues that California, like any state, has the right to set “minimum employment standards” for workers in the state. The examples it cites, however, are matters such as child labor laws, minimum wages and occupational safety and health standards, though it also maintains that since states can bar the firing of workers for improper reasons such as race, it can bar discharges for failing to attend a mandatory meeting.
Gould, for one, thinks the plaintiffs may have a point, based on a 1959 Supreme Court ruling that gave the NLRB exclusive jurisdiction over unionization issues unless the board disavows an interest. The issue might well be headed for the Supreme Court for another look.
That might not matter if the NLRB’s decision in the Amazon case stands. But a Trump-dominated labor board, which appears to be preordained, could overturn the Amazon ruling, just as the Biden board overturned Babcock & Wilcox. That might not be the worst change in labor policy for workers as Trump succeeds Biden, who may have been the most pro-union president in history. But it won’t be good.
Business
A new delivery bot is coming to L.A., built stronger to survive in these streets
The rolling robots that deliver groceries and hot meals across Los Angeles are getting an upgrade.
Coco Robotics, a UCLA-born startup that’s deployed more than 1,000 bots across the country, unveiled its next-generation machines on Thursday.
The new robots are bigger, tougher and better equipped for autonomy than their predecessors. The company will use them to expand into new markets and increase its presence in Los Angeles, where it makes deliveries through a partnership with DoorDash.
Dubbed Coco 2, the next-gen bots have upgraded cameras and front-facing lidar, a laser-based sensor used in self-driving cars. They will use hardware built by Nvidia, the Santa Clara-based artificial intelligence chip giant.
Coco co-founder and chief executive Zach Rash said Coco 2 will be able to make deliveries even in conditions unsafe for human drivers. The robot is fully submersible in case of flooding and is compatible with special snow tires.
Zach Rash, co-founder and CEO of Coco, opens the top of the new Coco 2 (Next-Gen) at the Coco Robotics headquarters in Venice.
(Kayla Bartkowski/Los Angeles Times)
Early this month, a cute Coco was recorded struggling through flooded roads in L.A.
“She’s doing her best!” said the person recording the video. “She is doing her best, you guys.”
Instagram followers cheered the bot on, with one posting, “Go coco, go,” and others calling for someone to help the robot.
“We want it to have a lot more reliability in the most extreme conditions where it’s either unsafe or uncomfortable for human drivers to be on the road,” Rash said. “Those are the exact times where everyone wants to order.”
The company will ramp up mass production of Coco 2 this summer, Rash said, aiming to produce 1,000 bots each month.
The design is sleek and simple, with a pink-and-white ombré paint job, the company’s name printed in lowercase, and a keypad for loading and unloading the cargo area. The robots have four wheels and a bigger internal compartment for carrying food and goods .
Many of the bots will be used for expansion into new markets across Europe and Asia, but they will also hit the streets in Los Angeles and operate alongside the older Coco bots.
Coco has about 300 bots in Los Angeles already, serving customers from Santa Monica and Venice to Westwood, Mid-City, West Hollywood, Hollywood, Echo Park, Silver Lake, downtown, Koreatown and the USC area.
The new Coco 2 (Next-Gen) drives along the sidewalk at the Coco Robotics headquarters in Venice.
(Kayla Bartkowski/Los Angeles Times)
The company is in discussion with officials in Culver City, Long Beach and Pasadena about bringing autonomous delivery to those communities.
There’s also been demand for the bots in Studio City, Burbank and the San Fernando Valley, according to Rash.
“A lot of the markets that we go into have been telling us they can’t hire enough people to do the deliveries and to continue to grow at the pace that customers want,” Rash said. “There’s quite a lot of area in Los Angeles that we can still cover.”
The bots already operate in Chicago, Miami and Helsinki, Finland. Last month, they arrived in Jersey City, N.J.
Late last year, Coco announced a partnership with DashMart, DoorDash’s delivery-only online store. The partnership allows Coco bots to deliver fresh groceries, electronics and household essentials as well as hot prepared meals.
With the release of Coco 2, the company is eyeing faster deliveries using bike lanes and road shoulders as opposed to just sidewalks, in cities where it’s safe to do so. Coco 2 can adapt more quickly to new environments and physical obstacles, the company said.
Zach Rash, co-founder and CEO of Coco.
(Kayla Bartkowski/Los Angeles Times)
Coco 2 is designed to operate autonomously, but there will still be human oversight in case the robot runs into trouble, Rash said. Damaged sidewalks or unexpected construction can stop a bot in its tracks.
The need for human supervision has created a new field of jobs for Angelenos.
Though there have been reports of pedestrians bullying the robots by knocking them over or blocking their path, Rash said the community response has been overall positive. The bots are meant to inspire affection.
“One of the design principles on the color and the name and a lot of the branding was to feel warm and friendly to people,” Rash said.
Coco plans to add thousands of bots to its fleet this year. The delivery service got its start as a dorm room project in 2020, when Rash was a student at UCLA. He co-founded the company with fellow student Brad Squicciarini.
The Santa Monica-based company has completed more than 500,000 zero-emission deliveries and its bots have collectively traveled around 1 million miles.
Coco chooses neighborhoods to deploy its bots based on density, prioritizing areas with restaurants clustered together and short delivery distances as well as places where parking is difficult.
The robots can relieve congestion by taking cars and motorbikes off the roads. Rash said there is so much demand for delivery services that the company’s bots are not taking jobs from human drivers.
Instead, Coco can fill gaps in the delivery market while saving merchants money and improving the safety of city streets.
“This vehicle is inherently a lot safer for communities than a car,” Rash said. “We believe our vehicles can operate the highest quality of service and we can do it at the lowest price point.”
Business
Trump orders federal agencies to stop using Anthropic’s AI after clash with Pentagon
President Trump on Friday directed federal agencies to stop using technology from San Francisco artificial intelligence company Anthropic, escalating a high-profile clash between the AI startup and the Pentagon over safety.
In a Friday post on the social media site Truth Social, Trump described the company as “radical left” and “woke.”
“We don’t need it, we don’t want it, and will not do business with them again!” Trump said.
The president’s harsh words mark a major escalation in the ongoing battle between some in the Trump administration and several technology companies over the use of artificial intelligence in defense tech.
Anthropic has been sparring with the Pentagon, which had threatened to end its $200-million contract with the company on Friday if it didn’t loosen restrictions on its AI model so it could be used for more military purposes. Anthropic had been asking for more guarantees that its tech wouldn’t be used for surveillance of Americans or autonomous weapons.
The tussle could hobble Anthropic’s business with the government. The Trump administration said the company was added to a sweeping national security blacklist, ordering federal agencies to immediately discontinue use of its products and barring any government contractors from maintaining ties with it.
Defense Secretary Pete Hegseth, who met with Anthropic’s Chief Executive Dario Amodei this week, criticized the tech company after Trump’s Truth Social post.
“Anthropic delivered a master class in arrogance and betrayal as well as a textbook case of how not to do business with the United States Government or the Pentagon,” he wrote Friday on social media site X.
Anthropic didn’t immediately respond to a request for comment.
Anthropic announced a two-year agreement with the Department of Defense in July to “prototype frontier AI capabilities that advance U.S. national security.”
The company has an AI chatbot called Claude, but it also built a custom AI system for U.S. national security customers.
On Thursday, Amodei signaled the company wouldn’t cave to the Department of Defense’s demands to loosen safety restrictions on its AI models.
The government has emphasized in negotiations that it wants to use Anthropic’s technology only for legal purposes, and the safeguards Anthropic wants are already covered by the law.
Still, Amodei was worried about Washington’s commitment.
“We have never raised objections to particular military operations nor attempted to limit use of our technology in an ad hoc manner,” he said in a blog post. “However, in a narrow set of cases, we believe AI can undermine, rather than defend, democratic values.”
Tech workers have backed Anthropic’s stance.
Unions and worker groups representing 700,000 employees at Amazon, Google and Microsoft said this week in a joint statement that they’re urging their employers to reject these demands as well if they have additional contracts with the Pentagon.
“Our employers are already complicit in providing their technologies to power mass atrocities and war crimes; capitulating to the Pentagon’s intimidation will only further implicate our labor in violence and repression,” the statement said.
Anthropic’s standoff with the U.S. government could benefit its competitors, such as Elon Musk’s xAI or OpenAI.
Sam Altman, chief executive of OpenAI, the company behind ChatGPT and one of Anthropic’s biggest competitors, told CNBC in an interview that he trusts Anthropic.
“I think they really do care about safety, and I’ve been happy that they’ve been supporting our war fighters,” he said. “I’m not sure where this is going to go.”
Anthropic has distinguished itself from its rivals by touting its concern about AI safety.
The company, valued at roughly $380 billion, is legally required to balance making money with advancing the company’s public benefit of “responsible development and maintenance of advanced AI for the long-term benefit of humanity.”
Developers, businesses, government agencies and other organizations use Anthropic’s tools. Its chatbot can generate code, write text and perform other tasks. Anthropic also offers an AI assistant for consumers and makes money from paid subscriptions as well as contracts. Unlike OpenAI, which is testing ads in ChatGPT, Anthropic has pledged not to show ads in its chatbot Claude.
The company has roughly 2,000 employees and has revenue equivalent to about $14 billion a year.
Business
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