-  This bill is not active in this session.
  •  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A06604 Summary:

COSPNSRDinowitz, Ramos, Rosenthal L, Joyner, Jean-Pierre, Simon, Aubry, Stirpe, Weprin, Williams, Taylor, Santabarbara, Steck, Paulin, Glick, Cruz, Lavine, Stern, Seawright, Rivera, Jacobson, DeStefano, Dickens, Epstein, McMahon, Burgos, Carroll, Forrest, Tapia, Ardila, Lunsford, Clark, Colton, Woerner, Sillitti, Bores, Solages
Amd 201-d, Lab L
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.
Go to top

A06604 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                     April 24, 2023
        Introduced  by  M.  of  A. REYES, DINOWITZ, RAMOS, L. ROSENTHAL, JOYNER,
          FORREST -- Multi-Sponsored by -- M. of A.  THIELE  --  read  once  and
          referred 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. 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, paragraph c as amended by chapter 92 of the laws of 2021 and  para-
    20  graph d as added by chapter 776 of the laws of 1992, are amended to read
    21  as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6604                             2
     1    c.  an  individual's legal recreational activities, including cannabis
     2  in accordance with state law, outside work hours, off of the  employer's
     3  premises  and without use of the employer's equipment or other property;
     4  [or]
     5    d.  an  individual's  membership  in a union or any exercise of rights
     6  granted under Title 29, USCA, Chapter 7 or under article fourteen of the
     7  civil service law; or
     8    e. an individual's refusal to: (i) attend an employer-sponsored  meet-
     9  ing  with  the  employer  or  its agent, representative or designee, the
    10  primary purpose of  which  is  to  communicate  the  employer's  opinion
    11  concerning  religious  or political matters; or (ii) listen to speech or
    12  view communications, the primary purpose of which is to communicate  the
    13  employer's opinion concerning religious or political matters.
    14    §  3.  Section  201-d  of the labor law is amended by adding three new
    15  subdivisions 8, 9 and 10 to read as follows:
    16    8. Nothing in this section shall prohibit:  (i)  an  employer  or  its
    17  agent,  representative  or  designee from communicating to its employees
    18  any information that the employer is required by law to communicate, but
    19  only to the extent of such legal requirement; (ii) an  employer  or  its
    20  agent,  representative  or  designee from communicating to its employees
    21  any information that is necessary for such employees  to  perform  their
    22  job  duties;  (iii)  an  institution  of higher education, or any agent,
    23  representative or designee of such institution,  from  meeting  with  or
    24  participating  in any communications with its employees that are part of
    25  coursework, any symposia or an academic  program  at  such  institution;
    26  (iv)  casual  conversations between employees or between an employee and
    27  an agent, representative or designee of an  employer,  provided  partic-
    28  ipation  in  such  conversations  is  not required; or (v) a requirement
    29  limited to the employer's managerial and supervisory employees.
    30    9. The provisions of this section  shall  not  apply  to  a  religious
    31  corporation,  entity,  association,  educational  institution or society
    32  that is exempt from the requirements of Title VII of  the  Civil  Rights
    33  Act  of  1964  pursuant  to  42 USC 2000e-1(a) with respect to speech on
    34  religious matters to employees  who  perform  work  connected  with  the
    35  activities  undertaken  by  such  religious corporation, entity, associ-
    36  ation, educational institution or society.
    37    10. Every employer shall  post  a  sign  in  every  workplace  at  the
    38  location or locations where notices to employees are normally posted, to
    39  inform employees of their rights pursuant to this section.
    40    § 4. This act shall take effect immediately.
Go to top