New Jersey Prohibits Employers from Holding Mandatory Meetings on Labor Organizing

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            Under these amendments, employers cannot require employees to attend an employer-sponsored meeting focused on labor organizing activities at the company. Furthermore, employees can refuse to communicate with their employer regarding any labor organizing that they are participating in or is otherwise occurring at the company.  Employers must post a notice to employees regarding their right to not participate in an employer-sponsored meeting or otherwise communicate with their employers on “political matters.”

If an employer threatens to or actually penalizes and/or discharges an employee for either not attending a meeting or refusing to discuss “political matters,” the statute creates a private right of action for the employee against the employer.  If a plaintiff is successful, an employer could be subject to a restraining order against continuing violations, be required to reinstate the employee if they were found to be unlawfully terminated, and/or be liable for lost wages, benefits, punitive damages and attorneys’ fees.

            While these amendments create more limitations on employers regarding how they communicate with employees regarding labor organizing, the bill has carved out certain exceptions, especially where the meeting, training or communication of information is required by law or necessary for employees to perform their jobs.  There are also specific carve-outs for higher education institutions related to classroom teaching and religious organizations. Furthermore, employers are still allowed to hold employer-sponsored meetings on labor organizing activities, but they must communicate with employees that attendance is voluntary and that no penalties will result from not attending.

            The amendments go into effect on December 2, 2025. Employers with employees that are already unionized or seeking to become unionized should reexamine their process for communicating and having meetings with employees regarding their labor organization activities.  Furthermore, employers should begin considering signage that can be posted for employees to understand their rights under these amendments.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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