Bill Text: NJ A4429 | 2024-2025 | Regular Session | Amended
Bill Title: Expands prohibitions on employers concerning requirements for employees to attend or listen to communications related to political matters.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Engrossed) 2024-12-05 - Received in the Senate, Referred to Senate Budget and Appropriations Committee [A4429 Detail]
Download: New_Jersey-2024-A4429-Amended.html
Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman CHRISTIAN E. BARRANCO
District 25 (Morris and Passaic)
Co-Sponsored by:
Assemblymen Guardian, Calabrese, Conaway, Assemblywoman Lopez, Assemblyman Miller, Assemblywoman Speight and Assemblyman Egan
SYNOPSIS
Expands prohibitions on employers concerning requirements for employees to attend or listen to communications related to political matters.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on October 24, 2024, with amendments.
An Act concerning prohibition of certain employer communications and supplementing and amending P.L.2006, c.53.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that freedom of speech is a foundational ideal that is core to this nation's identity. While an employer is free to exercise a right to speech, the law needs to ensure current protections of the right of the workforce to perform the duties of their jobs instead of listening to an employer's speech on political matters.
2. Section 1 of P.L.2006, c.53 (C.34:19-9) is amended to read as follows:
1. For the purposes of [this act] P.L.2006, c.53 (C.34:19-9 et seq.):
"Employer" means a person engaged in business who has employees, including the State and any political subdivision or other instrumentality of the State.
"Employee" means any person engaged in service to an employer for wages, salary or other compensation.
"Political matters" [include political party affiliation and decisions to join or not join or participate in any lawful political, social, or community organization or activity] means matters which relate to 1[elections for political office; political party; legislation; regulation] an electioneering communication as defined in section 3 of P.L.1973, c.83 (C.19:44A-3), a proposal to change legislation, and a proposal to change a regulation1; and the 1employee's1 decision to join or support any political party or political, civic, community, fraternal, or labor organization or association.
(cf: P.L.2006, c.53, s.1)
13. Section 2 of P.L.2006, c.53 (C.34:19-10) is amended to read as follows:
2. No employer or employer's agent, representative or designee may, except as provided in section 3 of [this act] P.L.2006, c.53 (C.34:19-11), require its employees to attend an employer-sponsored meeting or participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer's opinion about religious or political matters.
[This act shall not be construed as prohibiting] Nothing in P.L.2006, c.53 (C.34:19-9 et seq.):
(1) prohibits an employer from permitting its employees to voluntarily attend employer-sponsored meetings or providing other communications to the employees, if the employer notifies the employees that they may refuse to attend the meetings or accept the communications without penalty;
(2) prohibits communications of information that the employer is required by law to communicate;
(3) limits the rights of an employer or its agent, representative, or designee from communicating to its employees any information that is necessary for the employees to perform their required job duties, including by requiring employees to attend a meeting or participate in communications;
(4) prohibits an employer or its agent or representative, or designee from requiring its employees to attend any training to reduce or prevent unlawful workplace harassment or discrimination;
(5) prohibits an institution of higher education, or any agent, representative, or designee of the institution, from conducting mandatory meetings or participating in any communications with its employees concerning any coursework, symposia, research, publication, or an academic program at the institution;
(6) prohibits, where lawful, a candidate, candidate committee, joint candidates committee, political committee, continuing political committee, independent expenditure committee, political party committee or legislative leadership committee, lobbyist as defined in section 3 of P.L.1971, c.183 (C.52:13C-20), or a not-for-profit organization that is exempt from taxation under section 501(c)(3), 501(c)(4), 501(c)(5), or 501(c)(6) of the Internal Revenue Code (26 U.S.C. 501(c)(3) to 501(c)(6)), from requiring its staff or employees to attend an employer-sponsored meeting or participate in any communication with the employer or the employer's agent, representative or designee for the purpose of communicating political matters;
(7) prohibits the State and any political subdivision or other instrumentality of the State from requiring their employees to attend an employer-sponsored meeting or participate in any communication with the employer or the employer's agent, representative, or designee for the purpose of communicating the employer's proposals to change legislation, proposals to change regulations, or proposals to change public policy; or
(8) prohibits a religious organization from requiring its employees to attend an employer-sponsored meeting or participate in any communication with the employer or the employer's agent, representative or designee for the purpose of communicating the employer's religious beliefs, practices, or tenets.1
(cf: P.L.2006, c.53, s.2)
1[3.] 4.1 Section 5 of P.L.2006, c.53 (C.34:19-13) is amended to read as follows:
5. Any aggrieved employee may enforce the provisions of [this act] P.L.2006, c.53 (C.34:19-9 et seq.) by means of a civil action brought no later than ninety days after the date of the alleged violation in [a court of competent jurisdiction] Superior Court. The court shall award a prevailing employee all appropriate relief, including any of the following which are applicable to the violation:
a. [A] Injunctive relief, including but not limited to a restraining order against any continuing violation;
b. The reinstatement of the employee to the employee's former position or an equivalent position and the reestablishment of any employee benefits and seniority rights;
c. The payment of any lost wages, benefits or other remuneration; [and]
d. The payment of reasonable attorneys' fees and costs of the action; and
e. Other appropriate relief as considered necessary by the court.
In addition, the court may award the prevailing employee punitive damages not greater than treble damages, or an assessment of a civil fine of not more than $1,000 for a first violation of [the act] P.L.2006, c.53 (C.34:19-9 et seq.) and not more than $5,000 for each subsequent violation, which shall be paid to the State Treasurer for deposit in the General Fund.
(cf: P.L.2006, c.53, s.5)
1[4.] 5.1 (New section) An employer subject to P.L. , c. (C. ) (pending before the Legislature as this bill) shall post a notice of employee rights under P.L. , c. (C. ) (pending before the Legislature as this bill) in a conspicuous place reserved for employment-related notices and in a place commonly frequented by employees.
1[5.] 6.1 This act shall take effect on the 90th day after enactment.
