Establishes the freedom to rally and engage equitably (FREE) act protecting employees from discrimination as a result of participating in certain political activities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3983
SPONSOR: Forrest TITLE OF BILL:
An act to amend the labor law, in relation to the right of employees to
participate in certain political activities
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to enact the Freedom to Rally and Engage
Equitably (FREE) Act, which would expand the definition of "political
activities" protected under labor law to include actions involving
public petition and participation, thereby ensuring that employees have
the right to engage in various forms of public expression and petition-
ing without fear of retaliation from their employers.
SUMMARY OF SPECIFIC PROVISIONS::
Section 1: Sets the title of the act: "Freedom to Rally and Engage
Equitably (FREE) Act."
Section 2: Amends paragraph (a) of subdivision 1 of section 201-d of the
labor law to include "actions involving public petition and partic-
ipation" in the definition of "political activities." Introduces a new
paragraph (f) defining "actions involving public petition and partic-
ipation" as any communication in a place open to the public or a public
forum in connection with an issue of public interest, or any other
lawful conduct in furtherance of the exercise of constitutional rights
of free speech or petition.
Section 3: The act shall take effect immediately upon enactment.
JUSTIFICATION::
In the current social and political climate, public engagement and
activism have become increasingly important for citizens to express
their views and influence policy. However, existing labor laws do not
fully protect employees who choose to engage in such activities, espe-
cially those involving public petitions and other forms of participation
in public forums.
This bill addresses this gap by explicitly protecting employees' rights
to engage in these forms of political activities. By ensuring that
employees can participate in public petitioning and other lawful public
expressions without fear of employer retaliation, the bill promotes a
more active and engaged citizenry. This legislation is vital for main-
taining a healthy democracy where individuals can freely express their
political beliefs and advocate for changes in their communities.
Moreover, this bill aligns with New York State's strong tradition of
protecting workers' rights and ensuring that they are free from undue
influence or coercion in their personal political activities. The expan-
sion of these protections is a necessary step to uphold the fundamental
rights guaranteed by the Constitution, particularly in the context of
free speech and petitioning the government.
PRIOR LEGISLATIVE HISTORY::
This is a new bill.
FISCAL IMPLICATIONS::
There are no significant fiscal implications anticipated as a result of
this legislation.
EFFECTIVE DATE::
This act shall take effect immediately upon becoming law.
STATE OF NEW YORK
________________________________________________________________________
3983
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. FORREST -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to the right of employees to
participate in certain political activities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "freedom to
2 rally and engage equitably (FREE) act".
3 § 2. Paragraph a of subdivision 1 of section 201-d of the labor law,
4 as added by chapter 776 of the laws of 1992, is amended and a new para-
5 graph f is added to read as follows:
6 a. "Political activities" shall mean (i) running for public office,
7 (ii) campaigning for a candidate for public office, [or] (iii) partic-
8 ipating in fund-raising activities for the benefit of a candidate, poli-
9 tical party or political advocacy group, or (iv) actions involving
10 public petition and participation;
11 f. "Action involving public petition and participation" shall mean (i)
12 any communication in a place open to the public or a public forum in
13 connection with an issue of public interest; or (ii) any other lawful
14 conduct in furtherance of the exercise of the constitutional right of
15 free speech in connection with an issue of public interest, or in furth-
16 erance of the exercise of the constitutional right of petition.
17 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07338-01-5
