In a significant development for labor rights, New York employers are now prohibited from holding mandatory “captive audience” meetings. These are meetings held in response to union organizing campaigns. The law, signed by Governor Kathy Hochul on September 6, 2023, also prevents employers from disciplining employees who refuse to attend such meetings.

The new law amends Section 201-D of the New York Labor Law, which generally prohibits employers from discriminating against employees for engaging in legal, recreational, or political activities outside of work. The law is set to become effective immediately.

Under the new law, it is unlawful for employers to refuse to hire, employ, or license, or discharge from employment or otherwise discriminate against employees because of an employee’s refusal to:

• Attend an employer-sponsored meeting with the employer or its agent, representative or designee, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters.

• Listen to speech or view communications, the primary purpose of which is to communicate the employer’s opinion concerning religious or political matters.

The new law defines “political matters” as "matters relating to elections for political office, political parties, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal, or labor organization."

Exceptions

The bill provides limited exceptions to the general ban on mandatory captive audience meetings. The new law does not prohibit:

• An employer or its agent, representative, or designee from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of such legal requirement.

• An employer or its agent, representative or designee from communicating to its employees any information that is necessary for such employees to perform their job duties.

• An institution of higher education, or any agent, representative, or designee of such institution, from meeting with or participating in any communications with employees that are part of coursework, any symposia, or an academic program at such institution.

• Casual conversation between employees or between an employee and an agent, representative or designee of an employer, provided participation in such conversations is not required.

Critics argue that captive audience meetings are used to intimidate workers and spread misinformation. They contend that these meetings create a hostile work environment, coerce workers into opposing their right to a union, and deny employees the opportunity to advocate for their own interests. Critics view the practice as an infringement on workers’ rights not to listen.

On the other hand, some employers defend the practice as protected free speech. They argue that these meetings provide an opportunity for employers to express their views about the possible negative effects that unionizing may have on the general workforce.

Implications

With this law, New York joins Connecticut, Maine, Minnesota, and Oregon in banning discipline for refusing to attend captive audience meetings. However, legal challenges are expected based on conflicting federal law that may preempt this new law.

This development is seen as a major victory for labor rights, as captive audience meetings have been a popular union-busting tactic used by companies during organizing periods to disseminate anti-union information. The new law is a significant step towards protecting the rights of employees to organize and express their views freely. If “captive audience” meetings are successfully overturned, it will significantly impact employers’ rights and their ability to respond to union organizing campaigns. Employers trying to maintain a non-unionized workforce would be severely limited in their capacity to present the employer’s side in the unionization debate.