New York Enacts Law Regarding Captive Audience Meetings

On September 6, 2023, New York Governor Kathy Hochul signed the “Captive Audience Bill” into law prohibiting employers from coercing employees into attending or participating in employer sponsored meetings promoting the employer’s view on political, religious, or unionization 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 which is to communicate the employer’s opinion concerning religious or political matters. Religious matters are defined as those “relating to religious affiliation and practice and the decision to join or support any religious organization. The law defines “political matters” as “matters relating to elections for political office, political parties’ legislation, regulations and the decision to support any political party or political, civic, community, fraternal or labor organization.”

The new legislation does not prohibit the following:

• “Casual conversation between an employer or its agent or representative and employees, “provided participation in such conversation 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.”
• Communication by institutions of higher education to employees that are part of coursework, symposia or academic programs at the institution.

In signing the captive audience bill into law, New York stridently joins 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, a practice that has historically been protected under the National Labor Relations Act. Comparable legislation in Connecticut is currently being challenged on the theory that it is preempted by the N.L.R.A. We anticipate that New York’s ban may face similar challenges.

For now, New York’s ban on captive audience meetings is enforceable.  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.  If you are unsure if you are following the new law, you should contact legal counsel.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.

Dave Mahoney advises private business owners and their human resources professionals on how to navigate the always evolving employer-employee relationship. Dave is a trusted resource who advises companies, large and small – union and non-union, with the day-to-day challenges of complying with constantly changing federal, state, and local laws. Dave takes a proactive approach, helping employers avoid disputes by establishing policies and procedures that are designed to establish clear avenues of communication and expectations between companies and their workforces to avoid litigation whenever possible. Dave also regularly conducts internal audits and investigations to solve problems before they arise. Read more here.

Rita DiStefano offer clients her expertise in HR Consulting, including policy development, employee relations, discipline and termination. Rita is a Board member of the HIA-LI and has served as Chair of this organization.  She has also served as Chair of the Suffolk Country Workforce Investment Board for the Department of Labor after receiving an appointment for that position from the Suffolk County Executive. Currently Rita is Co-Chair of the LI STEM Hub’s Regional Industry Council for Advanced Manufacturing and a member of the Board of the supply chain organization, ASCM New York-Long Island Forum. Read more here.