New York Imposes Restrictions On Political And Religious Meetings In The Workplace

Key Takeaways:

• The new law (A6604 / S4982) prevents New York employers and employment agencies from terminating or discriminating against employees who refuse to attend work meetings that are held for the purpose of communicating the employer's opinion on religious or political matters.
• The law defines "political matters" to include topics relating to the decision to join or support labor organizations.
• The law defines "religious matters" to include subjects relating to religious affiliations and practice, and the decision to join or support such organizations.
• The law is currently effective and requires employers to post a sign in the workplace to inform employees of their rights under Section 201-D of the New York Labor Law.

On September 6, 2023, New York Governor Kathy Hochul signed a new law (A6604 / S4982) that prohibits New York employers and employment agencies from discriminating or retaliating against employees who refuse to attend meetings where management expresses its views on certain religious or political matters, which includes union membership.

The new law prevents New York employers and employment agencies from refusing to hire, employ or license, and from terminating or discriminating, against an individual who has refused to attend an employer-sponsored meeting, where the primary purpose of said meeting is to: communicate the employer's opinion on religious or political matters; or to listen to communications and/or speeches concerning the employer's opinion on such religious or political matters. The new law defines "political matters" to include topics relating to elections for political office/parties, legislation, regulations, and, significantly, the decision to join or support labor organizations. Similarly, the law defines "religious matters" to include subjects relating to religious affiliations and practice, and the decision to join or support any religious organization or association.

Importantly, the new law does not prohibit employers (including their agents, representatives, or designees) from communicating information to employees that is required by law or is necessary for the performance of such employees' job duties. Further, the new law does not prevent casual conversations between employees or between employees and the employer's agent, representative or designee provided this conversation is not required as part of employment.

Since 1948, so-called "captive audience" meetings have become a standard method for employers to communicate their views on union organizing to employees. However, there is now a growing movement to restrict captive audience meetings. New York joins Minnesota, Connecticut, Maine, and Oregon in banning captive audience meetings, where employers attempt to discourage employees from joining or forming labor unions. Further, in April 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo challenging the use of captive audience meetings and deeming such meetings to be violative of federal labor law. To date, the NLRB has not yet overturned its precedent concerning captive audience meetings, but it is clear that these meetings are being closely scrutinized at the federal and state level.

The new law is currently effective and requires employers to post a sign in the workplace to inform employees of their rights under Section 201-D of the New York Labor Law. Employers should review their strategies for communicating their views on political and religious matters, and particularly on matters related to unionization. Additionally, employers should consider revising their workplace policies to prohibit discrimination and retaliation based on an employee's refusal to attend a meeting that is subject to the new law.

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