In general, employers are not prohibited from requiring employees to attend meetings where the employer communicates its positions on issues. One exception involves certain labor relations communications. Under National Labor Relations Board (NLRB) and federal court precedent, an employer does not commit an unfair labor practice by requiring employees to attend speeches about unionization on the employer's premises during work hours as long as the speech is not coercive. There are, however, limitations around representation elections, where election speeches on company time to a massed assembly of employees within 24 hours of an election is prohibited.
For public employees, the Public Employment Relations Commission has a similar rule around elections, prohibiting election speeches on the employer's time to massed assemblies of employees during:
In April of 2022, the general council for the NLRB issued a memorandum stating that requiring employees to listen to employer speech under the threat of discipline violates the National Labor Relations Act. Additionally, the memorandum stated that the general counsel will ask the NLRB to reconsider current precedent on mandatory meetings.
The bill as referred to committee not considered.
An employer may not discipline or discharge, or threaten to discipline or discharge, an employee on account of the employee's refusal to:
The bill does not prohibit:
The bill does not apply to religious entities that are exempt from Title VII of the Civil Rights Act of 1964, with respect to speech on religious matters to employees to perform work connected with activities undertaken by the religious entity.
An employer who violates the provisions in the bill is liable in a civil action for damages caused by the discipline or discharge, including punitive damages, the full amount of gross loss of wages or compensation, and reasonable attorneys' fees and costs.
"Political matters" means matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.
"Religious matters" means matters relating to religious affiliation and practice, and the decision to join or support any religious organization or association.