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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4873

                               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

        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. Paragraphs c and d of subdivision 2 of section 201-d of the
     2  labor  law,  as added by chapter 776 of the laws of 1992, are amended to
     3  read as follows:
     4    c. an individual's legal recreational activities outside  work  hours,
     5  off  of the employer's premises and without use of the employer's equip-
     6  ment or other property; [or]
     7    d. an individual's membership in a union or  any  exercise  of  rights
     8  granted under Title 29, USCA, Chapter 7 or under article fourteen of the
     9  civil service law; or
    10    e.  an individual's refusal to: (i) attend an employer-sponsored meet-
    11  ing with the employer or its  agent,  representative  or  designee,  the
    12  primary  purpose  of  which  is  to  communicate  the employer's opinion
    13  concerning religious or political matters; or (ii) listen to  speech  or
    14  view  communications, the primary purpose of which is to communicate the
    15  employer's opinion concerning religious or political matters.
    16    § 2. Section 201-d of the labor law  is  amended  by  adding  two  new
    17  subdivisions 8 and 9 to read as follows:
    18    8.  Nothing  in  this  section  shall prohibit: (i) an employer or its
    19  agent, representative or designee from communicating  to  its  employees
    20  any information that the employer is required by law to communicate, but
    21  only  to  the  extent of such legal requirement; (ii) an employer or its
    22  agent, representative or designee from communicating  to  its  employees
    23  any  information  that  is necessary for such employees to perform their

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00122-01-1
        S. 4873                             2

     1  job duties; (iii) an institution of  higher  education,  or  any  agent,
     2  representative  or  designee  of  such institution, from meeting with or
     3  participating in any communications with its employees that are part  of
     4  coursework,  any  symposia  or  an academic program at such institution;
     5  (iv) casual conversations between employees or between an  employee  and
     6  an  agent,  representative  or designee of an employer, provided partic-
     7  ipation in such conversations is not  required;  or  (v)  a  requirement
     8  limited to the employer's managerial and supervisory employees.
     9    9.  The  provisions  of  this  section  shall not apply to a religious
    10  corporation, entity, association,  educational  institution  or  society
    11  that  is  exempt  from the requirements of Title VII of the Civil Rights
    12  Act of 1964 pursuant to 42 USC 2000e-1(a)  with  respect  to  speech  on
    13  religious  matters  to  employees  who  perform  work connected with the
    14  activities undertaken by such  religious  corporation,  entity,  associ-
    15  ation, educational institution or society.
    16    § 3. This act shall take effect immediately.