Bill Text: NJ A4277 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands prohibitions on employers concerning requirements for employees to attend, participate, or receive information related to political or religious matters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-02 - Introduced, Referred to Assembly Labor Committee [A4277 Detail]
Download: New_Jersey-2024-A4277-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Expands prohibitions on employers concerning requirements for employees to attend, participate, or receive information related to political or religious matters.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning prohibited employer communications about political or religious matters and amending P.L.2006, c.53.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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:
"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.
"Labor organization" means any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms of conditions of employment, or of other mutual aid or protection in connection with employment.
"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 elections for political office, political party, legislation, regulation and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.
"Religious matters" means matters which relate to religious affiliation and practice and the decision to join or support any religious organization or association.
(cf: P.L.2006, c.53, s.1)
2. Section 3 of P.L.2006, c.53 (C.34:19-11) is amended to read as follows:
3. a. An employer or its agent, representative or designee may communicate to employees information about religious or political matters that the employer is required by law to communicate, but only to the extent required by law.
b. Nothing in this act shall prohibit:
(1) A religious organization from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer's religious beliefs, practices or tenets;
(2) A political organization or party from requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer's political tenets or purposes; [or]
(3) An educational institution, or any agent, representative, or designee of the institution, from [requiring] meeting with or participating in any communications with a student or [instructor] employee [to attend lectures on political or religious matters] that are part of the regular course work, any symposia, or academic program at the institution;
(4) An employer or its agent, representative, or designee from requiring its employees to attend an employer-sponsored meeting or to participate in any communications necessary for the performance of an employee's job duties;
(5) A casual conversation between employees or between an employee and an agent, representative, or designee of an employer, provided participation in that conversation is not required and does not involve intimidation against labor organizing efforts; or
(6) A requirement limited to the employer's managerial and supervisory employees.
(cf: P.L.2006, c.53, s.3)
3. Section 4 of P.L.2006, c.53 (C.34:19-12) is amended to read as follows:
4. No employer or employer's agent, representative or designee shall discharge, discipline or otherwise penalize or threaten to discharge, discipline or otherwise penalize any employee [because the] for any of the following reasons:
(1) An employee, or a person acting on behalf of the employee, makes a good faith report, verbally or in writing, of a violation or suspected violation of this act;
(2) An employee declines to attend an employer-sponsored meeting or participate in any communications, the purpose of which is to communicate the employer's opinion about religious or political matters; or
(3) As a means of inducing employee attendance at an employer-sponsored meeting or participation in any communication, the purpose of which is to communicate the employer's opinion about religious or political matters.
(cf: P.L.2006, c.53, s.4)
4. 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 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. 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.
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 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)
5. This act shall take effect immediately.
STATEMENT
This bill prohibits employers from requiring employees to attend employer-sponsored meetings or participate in any communications with employers or their agents or representatives, the purpose of which is to communicate the employers' opinion about labor organizations or activities.
Under current law, employers are prohibited only from requiring employees to attend employee sponsored meetings or participate in any communications with an employer or their agents or representatives, the purpose of which is to communicate the employers' opinion about religious or political matters. Current law does not include labor organization or activity in the definition of political matters.
Additionally, the bill expands permitted communication about religious or political matters to include communications necessary for the performance of an employee's job duties, casual conversations, or a requirement limited to the employer's managerial and supervisory employees.
Finally, the bill prohibits an employer from penalizing an employee for refusal to attend or as a means of inducing attendance at an employer-sponsored meeting or participate in any communications, the purpose of which is to communicate the employer's opinion about religious or political matters.
This bill is based on legislation in the states of New York, Minnesota, and Washington.
