Bill Text: NY S04982 | 2023-2024 | General Assembly | Introduced

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Bill Title: Protects employee freedom of speech and conscience by prohibiting employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer's views on political or religious matters.

Spectrum: Strong Partisan Bill (Democrat 19-2)

Status: (Passed) 2023-09-06 - SIGNED CHAP.354 [S04982 Detail]

Download: New_York-2023-S04982-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4982

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 17, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the labor law, in relation to protecting employee  free-
          dom of speech and conscience

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph c of subdivision 1 of section 201-d of the  labor
     2  law, as added by chapter 776 of the laws of 1992, is amended and two new
     3  paragraphs d and e are added to read as follows:
     4    c.  "Work  hours"  shall mean, for purposes of this section, all time,
     5  including paid and unpaid breaks and meal periods, that the employee  is
     6  suffered,  permitted or expected to be engaged in work, and all time the
     7  employee is actually engaged in  work.  This  definition  shall  not  be
     8  referred  to  in determining hours worked for which an employee is enti-
     9  tled to compensation under any law including article  nineteen  of  this
    10  chapter[.];
    11    d.  "Political  matters"  shall mean matters relating to elections for
    12  political office, political parties,  legislation,  regulation  and  the
    13  decision  to  join  or  support any political party or political, civic,
    14  community, fraternal or labor organization;
    15    e. "Religious matters" shall mean matters relating to religious affil-
    16  iation and practice and the decision to join or  support  any  religious
    17  organization or association.
    18    § 2. Paragraphs c and d of subdivision 2 of section 201-d of the labor
    19  law,  paragraph c as amended by chapter 92 of the laws of 2021 and para-
    20  graph d as added by chapter 776 of the laws of 1992, are amended to read
    21  as follows:
    22    c. an individual's legal recreational activities,  including  cannabis
    23  in  accordance with state law, outside work hours, off of the employer's
    24  premises and without use of the employer's equipment or other  property;
    25  [or]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05636-01-3
        S. 4982                             2

     1    d.  an  individual's  membership  in a union or any exercise of rights
     2  granted under Title 29, USCA, Chapter 7 or under article fourteen of the
     3  civil service law; or
     4    e.  an individual's refusal to: (i) attend an employer-sponsored meet-
     5  ing with the employer or its  agent,  representative  or  designee,  the
     6  primary  purpose  of  which  is  to  communicate  the employer's opinion
     7  concerning religious or political matters; or (ii) listen to  speech  or
     8  view  communications, the primary purpose of which is to communicate the
     9  employer's opinion concerning religious or political matters.
    10    § 3. Section 201-d of the labor law is amended  by  adding  three  new
    11  subdivisions 8, 9 and 10 to read as follows:
    12    8.  Nothing  in  this  section  shall prohibit: (i) an employer or its
    13  agent, representative or designee from communicating  to  its  employees
    14  any information that the employer is required by law to communicate, but
    15  only  to  the  extent of such legal requirement; (ii) an employer or its
    16  agent, representative or designee from communicating  to  its  employees
    17  any  information  that  is necessary for such employees to perform their
    18  job duties; (iii) an institution of  higher  education,  or  any  agent,
    19  representative  or  designee  of  such institution, from meeting with or
    20  participating in any communications with its employees that are part  of
    21  coursework,  any  symposia  or  an academic program at such institution;
    22  (iv) casual conversations between employees or between an  employee  and
    23  an  agent,  representative  or designee of an employer, provided partic-
    24  ipation in such conversations is not  required;  or  (v)  a  requirement
    25  limited to the employer's managerial and supervisory employees.
    26    9.  The  provisions  of  this  section  shall not apply to a religious
    27  corporation, entity, association,  educational  institution  or  society
    28  that  is  exempt  from the requirements of Title VII of the Civil Rights
    29  Act of 1964 pursuant to 42 USC 2000e-1(a)  with  respect  to  speech  on
    30  religious  matters  to  employees  who  perform  work connected with the
    31  activities undertaken by such  religious  corporation,  entity,  associ-
    32  ation, educational institution or society.
    33    10.  Every  employer  shall  post  a  sign  in  every workplace at the
    34  location or locations where notices to employees are normally posted, to
    35  inform employees of their rights pursuant to this section.
    36    § 4. This act shall take effect immediately.