New York Enacts Law Regarding Captive Audience Meetings
On September 6, 2023, New York Governor Kathy Hochul signed the captive audience bill into law which prohibits employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer’s views on political or religious matters. The legislation also requires employers to post a sign in every workplace informing employees of their rights under the new law. The law went into effect immediately upon signing.
The new law makes it unlawful for New York employers to discipline employees who refuse to attend an employer-sponsored meeting or listen to speech or view communications, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters. The law defines “political matters” as “matters relating to elections for political office, political parties, legislation, regulation and the decision to support any political party or political, civic, community, fraternal[,] or labor organization.” “Religious matters” are defined as those “relating to religious affiliation and practice and the decision to join or support any religious organization.”
Notably, the new legislation does not prohibit the following:
- “casual conversations” between an employer or its agent or representative and employees “provided participation in such conversations is not required”;
- communicating to employees about “any information that the employer is required by law to communicate” to the extent that such legal requirement or information is necessary for employees to perform their job duties;
- “a requirement limited to the employer’s managerial and supervisory employees”; or
- communication by institutions of higher education to employees that are part of coursework, symposia, or academic programs at the institution.
In Babcock v. Wilcox Co., 77 NLRB 577 (1948), the National Labor Relations Board held that employers are permitted to hold captive audience meetings during union election campaigns to express their views on labor organizations. In signing the captive audience bill into law, New York has joined three other states in taking legislative measures to prohibit employers from mandating that employees attend meetings in which the employer attempts to dissuade employees from unionizing.
New York employers should review their policies and practices regarding communications and meetings pertaining to religious or political matters, particularly relating to unionization, to ensure compliance with the new law. Should you have any questions, please contact Ali Law Group.
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