Illinois became the sixth state to ban so-called “captive audience” meetings after Gov. Pritzker (D) signed a bill passed by the state legislature this week.
What the law means: The Worker Freedom of Speech Act (SB 3469) prohibits employers from disciplining employees for refusing to attend work meetings about “religious or political matters.” “Political matters” is defined by the law to include the decision to join a union – the obvious target of the law.
More than just union campaign meetings? Given how broadly the law defines “political” and “religious” matters, employees and other groups may weaponize the law against a wider variety of mandatory employer-held meetings, potentially putting employers at risk for holding even the most garden-variety workplace meetings.
Ammunition for unions: Notably, the law allows “interested parties” to seek permission from the state DOL to sue on behalf of employees. “Interested parties” is defined as any “organization that monitors or is attentive to compliance with” labor and employment laws, giving unions and other interest groups the green light to target employers for alleged violations of the law.
The patchwork grows ever larger: Banning mandatory employer-held meetings is the latest workplace issue to become a state legal patchwork for employers to navigate, even as the NLRB is considering banning such meetings under federal law. Illinois is now the seventh state to ban “captive audience” meetings, joining Connecticut, Maine, Minnesota, New York, Washington, and Oregon. Several other states, including California, Massachusetts, and Maryland, are also considering legislation, whereas Gov. Polis (D) recently vetoed a similar law passed in Colorado.
Not so fast...The proliferation of “captive audience” meeting laws could soon run into legal headwinds, as multiple lawsuits are currently pending in federal court. Business groups challenging Minnesota and Connecticut’s laws allege that they violate employers’ First Amendment rights and are preempted by the National Labor Relations Act. If a federal judge agrees, the seven state laws could soon be erased.
CHRO takeaways: The ability to freely communicate with your employees is obviously vital to promoting positive employee relations and productive workplaces. While these state laws – and potential NLRB actions – may inhibit this ability, employers can take the following steps to communicate effectively with their employee populations while remaining in compliance with applicable laws:
- Avoid, where possible, mandatory meetings that may touch upon “religious” or “political” matters.
- Effectively communicate to employees that meetings concerning such topics are voluntary, not mandatory (and update any relevant handbook rules to reflect the same).
- Utilize other avenues for effectively communicating the same information, such as email.
- Make sure your managers and supervisors are aware of all applicable captive audience meeting laws.
