Bill Text: NJ S3302 | 2024-2025 | Regular Session | Introduced
Bill Title: Expands prohibitions on employers concerning requirements for employees to attend or listen to communications related to political matters.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-06-03 - Referred to Senate Budget and Appropriations Committee [S3302 Detail]
Download: New_Jersey-2024-S3302-Introduced.html
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen)
SYNOPSIS
Expands prohibitions on employers concerning requirements for employees to attend or listen to communications related to political matters.
CURRENT VERSION OF TEXT
As introduced.
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 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 or association.
(cf: P.L.2006, c.53, s.1)
3. 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)
4. (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.
5. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill prohibits employers from requiring employees to attend employer-sponsored meetings or participate in any communications related to political matters with employers or their agents or representatives.
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. This bill incorporates labor organizations and activities in the definition of political matters.
Employers are required to post notice of employee rights under the bill in a conspicuous place reserved for employment-related notices and in a place commonly frequented by employees.
