A bill banning so-called “captive audience” meetings passed the New York state legislature and is expected to be signed into law by Democratic Governor Kathy Hochul, where it will become effective immediately.
The “captive audience” meeting bill, S.4982/A.6604, would prohibit employers from requiring employees to attend or participate in employer-sponsored meetings “concerning the employer’s views on political or religious matters.”
“Political matters” is defined in the bill to include “the decision to join or support any labor organization.” In other words, the bill would prohibit employers from requiring employees to attend employer-held meetings regarding unionization. The bill’s preamble specifically identifies declining union membership and “increased partisan messaging” from employers as the main impetus for the bill.
“Captive audience” meetings in the crosshairs: New York will join Connecticut and Oregon as the third state to target “captive audience” meetings, while California is pursuing a similar bill in its state legislature. Meanwhile, NLRB General Counsel Abruzzo issued a memo last year urging the Board to similarly ban most employer-held mandatory meetings. Notably, the Connecticut law has been subject to legal challenge on the basis that it violates employer free speech protections and is preempted by federal labor law. The New York law is likely to face a similar lawsuit.
Separately, a bill banning the use of non-compete agreements in every circumstance, S3100A/A1278, passed the New York Senate but did not make it to a vote in the Assembly before recess. However, lawmakers have been told to prepare for two additional days of session beginning on June 20, where the bill could be brought up and would likely pass.
Outlook: The patchwork of state labor and employment laws restricting employer workplace and workforce management continues to grow, with corresponding federal action on the horizon.
