Legislation Introduced to Protect Worker’s Freedom of Speech:
“Captive Audience” bill would balance the rights of employees and employers in the Workplace
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The New Jersey State AFL-CIO today thanked Senate Labor Committee Chairman Joe Lagana (D-38) and Assembly Labor Committee Chairman Anthony Verrelli (D-15) for sponsoring legislation (S-3302 / A-4429) to protect worker’s first amendment rights.
“This legislation aims to find a middle ground in protecting the free speech rights of employees as well as the free speech rights of employers,” said New Jersey State AFL-CIO President Charles Wowkanech. “While an employer is free to exercise a right to speech, the law also needs to ensure the rights of the workforce to be free from forced attendance at meetings to listen to an employer’s speech on sensitive political matters,” he concluded.
The legislation restricts mandated requirements for employees to attend or participate in employer-sponsored meetings or other means of communication when conveying information on political matters. The bill also addresses punitive measures taken against workers that refuse to attend these meetings and requires employers to post notices in the workplace informing workers of their free speech rights. Employers can still hold these meetings so long as they inform employees that they may refuse to attend the meetings or accept the communications without penalty.
In 2006, New Jersey passed a law that had the same protections on religious and political matters in the workplace. The bill would add labor organizations to the definition of “political matters.” Community organizations, civic organizations and fraternal organizations are already covered under existing law.
Six states have this law, including Oregon, for over a decade. The National Labor Relations Board General Counsel has published a memorandum supporting the same concept nationally by stating “that despite nearly 75 years of NLRB case precedent, the practice of employers holding “captive audience” meetings was out of sync with current labor law practices.”
We look forward to working with affiliated unions and the legislature to advance this legislation.