NJ Bill Prohibits Employers from Discussing Unionization with Employees

On October 28, the New Jersey Assembly passed Assembly Bill 4429 with a vote of 65-8, moving to restrict employers from discussing with employees their choices regarding “joining or supporting any political party or political, civic, community, fraternal, or labor organization.” The bill also includes a requirement for posting notices. While New Jersey law already prevents employers from mandating employee attendance at meetings covering “political matters,” it has not previously applied this restriction specifically to labor organizations. The Senate version of the bill is currently pending in the Senate Budget and Appropriations Committee.

Since 2022, other states, including California, Connecticut, Hawaii, Illinois, Maine, Minnesota, New York, and Washington, have enacted similar “captive audience meeting” laws. Oregon has had such a law in place since 2009. Businesses are actively challenging these laws, with organizations like the Coalition for a Democratic Workplace (CDW) filing a lawsuit against Connecticut’s law, claiming it infringes on First and Fourteenth Amendment rights, the National Labor Relations Act, and ultimately harms both employers and employees.