Bill Text: NY S04873 | 2021-2022 | General Assembly | Amended

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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: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S04873 Detail]

Download: New_York-2021-S04873-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         4873--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 17, 2021
                                       ___________

        Introduced by Sens. RAMOS, BAILEY, BENJAMIN, BIAGGI, GOUNARDES, HOYLMAN,
          JACKSON,  KENNEDY,  KRUEGER,  MAY,  MAYER,  MYRIE,  RIVERA, SEPULVEDA,
          SERRANO -- read twice and ordered printed,  and  when  printed  to  be
          committed  to  the  Committee  on  Labor -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        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, as added by chapter 776 of the laws of 1992, are amended to read as
    20  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00122-03-1
        S. 4873--A                          2

     1    c.  an  individual's legal recreational activities outside work hours,
     2  off of the employer's premises and without use of the employer's  equip-
     3  ment or other property; [or]
     4    d.  an  individual's  membership  in a union or any exercise of rights
     5  granted under Title 29, USCA, Chapter 7 or under article fourteen of the
     6  civil service law; or
     7    e. an individual's refusal to: (i) attend an employer-sponsored  meet-
     8  ing  with  the  employer  or  its agent, representative or designee, the
     9  primary purpose of  which  is  to  communicate  the  employer's  opinion
    10  concerning  religious  or political matters; or (ii) listen to speech or
    11  view communications, the primary purpose of which is to communicate  the
    12  employer's opinion concerning religious or political matters.
    13    §  3.  Section  201-d  of the labor law is amended by adding three new
    14  subdivisions 8, 9 and 10 to read as follows:
    15    8. Nothing in this section shall prohibit:  (i)  an  employer  or  its
    16  agent,  representative  or  designee from communicating to its employees
    17  any information that the employer is required by law to communicate, but
    18  only to the extent of such legal requirement; (ii) an  employer  or  its
    19  agent,  representative  or  designee from communicating to its employees
    20  any information that is necessary for such employees  to  perform  their
    21  job  duties;  (iii)  an  institution  of higher education, or any agent,
    22  representative or designee of such institution,  from  meeting  with  or
    23  participating  in any communications with its employees that are part of
    24  coursework, any symposia or an academic  program  at  such  institution;
    25  (iv)  casual  conversations between employees or between an employee and
    26  an agent, representative or designee of an  employer,  provided  partic-
    27  ipation  in  such  conversations  is  not required; or (v) a requirement
    28  limited to the employer's managerial and supervisory employees.
    29    9. The provisions of this section  shall  not  apply  to  a  religious
    30  corporation,  entity,  association,  educational  institution or society
    31  that is exempt from the requirements of Title VII of  the  Civil  Rights
    32  Act  of  1964  pursuant  to  42 USC 2000e-1(a) with respect to speech on
    33  religious matters to employees  who  perform  work  connected  with  the
    34  activities  undertaken  by  such  religious corporation, entity, associ-
    35  ation, educational institution or society.
    36    10. Every employer shall  post  a  sign  in  every  workplace  at  the
    37  location or locations where notices to employees are normally posted, to
    38  inform employees of their rights pursuant to this section.
    39    § 4. This act shall take effect immediately.