New York recently prohibited employers from disciplining employees who refuse to attend meetings or listen to communications where the “primary purpose” is for management to express its views on religious or political matters, which includes joining or supporting a labor organization.

On Sept. 6, 2023, Gov. Kathy Hochul signed into law amendments to Section 201-d of the New York Labor Law that prohibit employers from holding so-called “captive audience meetings.”

Legal experts have questioned whether New York can regulate in this area in light of federal pre-emption principles. Similar laws in other states have been challenged in the courts on the grounds that these laws are preempted by the National Labor Relations Act. A challenge to Connecticut’s similar law is currently pending.

Under these new amendments, New York employers may no longer discipline employees who refuse to attend a meeting, listen to a speech or view communications if the “primary purpose” of such a meeting or communication is to express the employer’s opinions on “religious” or “political matters,” including its position on unionization. Specifically, New York employers are now prohibited from refusing to hire, discharge from employment or otherwise discriminate against an individual in compensation, promotion, or terms, conditions or privileges of employment because that employee refused to attend such a meeting. “Political matters” include matters related to elections for political office, political parties, legislation or regulations. The term also includes the decision to join or support any political party or political, civic, community, fraternal or labor organization. “Religious matters” include matters related to religious affiliation and practice and the decision to join or support any religious organization or association. The amendments do not define the term “primary purpose.”

The amendments, which went into effect immediately, do not cover all employees. Employers may still require managers or supervisors to attend such meetings and discipline them if they refuse to do so.

The amendments also contain exceptions that allow an employer to communicate information that it is required by law to provide to employees or information needed for employees to perform their job duties. The amendments also do not prohibit institutions of higher education from making communications concerning coursework or academic programs. Casual conversations between employees or between an employee and a member of management are also not prohibited, provided that participation in such conversations is not required.

The amendments also do not apply to employees of religious institutions who perform work connected with religious activities with respect to speech on religious matters.

Employers are also required to post a sign in every workplace at the location where notices are normally posted to inform employees of their rights pursuant to the amendments. As of this writing, the New York State Department of Labor has not issued any sample posting that employers can use to comply with this requirement.

New York employers need to take immediate steps to ensure compliance with these amendments. Until the Department of Labor publishes a required notice, employers should consider posting a copy of the amendments in the workplace. Employers should also consult with counsel to discuss potential options to provide information to employees about the employer’s position on topics such as union organizing in compliance with these new requirements.

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