Bill Text: NY S06603 | 2019-2020 | General Assembly | Introduced

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

---

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 17-0)

Status: (Introduced - Dead) 2020-11-02 - PRINT NUMBER 6603A [S06603 Detail]

Download: New_York-2019-S06603-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6603

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 18, 2019
                                       ___________

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

        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
    24  job  duties;  (iii)  an  institution  of higher education, or any agent,
    25  representative or designee of such institution,  from  meeting  with  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13443-01-9
        S. 6603                             2

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