The New Jersey Senate Budget and Appropriations Committee voted out an amended bill that would limit how employers can require employees to participate in electioneering and matters to candidates running for public office.
The bill prohibits employers from requiring employees to attend employer-sponsored meetings or participate in any communications related to political matters with employers or their agents or representatives. A4429 (Verelli)/S3302 (Lagana) was amended to address concerns of unconstitutionality and broad overreach of “captive audience” meetings that require employees to attend meetings their employers hold to discuss sensitive political matters. The NJSBA raised concerns with the bill as written because of its restrictions on employers to communicate with its employees on crucial business operations and its overbreadth to interfere with internal personnel decisions.
Amendments were made to the bill to define political matters to mean those related to an electioneering communication and the employee’s decision to join or support any political party or political, civic, community, fraternal or labor organization or association. It also clarifies that the exemption concerning employer-sponsored meetings or communications with staff by certain pollical entities and not-for-profit organization applies to communications of electioneering matters.
Speaking in favor of the bill, Eric Richard from AFL-CIO testified to the amendments of the bill, which was designed to address the employee’s free-speech rights by addressing only conduct and not speech. “Therefore the mandatory nature of captive audience meetings and the reprisal associated with not attending that meeting is conduct, not speech,” said Richard. He cited this reason as why the bill is not preempted by the National Labor Relations Act.
The New Jersey Electrical Contractor Association testified in opposition to the bill highlighting that the federal law allows an employer to discuss whatever they wish as long as there is no reprisal to the employee. Eric DeGesero testified that preemption under the National Labor Relations Act preempts the legislature from acting on this issue. He urged the Legislature to vote no on the bill, saying it would impact small businesses that may be required to retain counsel to litigate these questions or navigate issues when it attempts to communicate issues to employees.
The bill remains pending in the Senate. If passed, it must go back to the Assembly for a vote on the amendments.