Oppose Limits on Employer Rights to Communicate With Their Employees
Action AlertThis legislation has been introduced around the country to limit employers' legal rights to effectively present their case to their employees during an organizing campaign. However, it is drafted in such a broad and vague way that it will chill important and necessary workplace communications, not just during organizing. This bill is not simply about employees' ability to avoid forced political and religious messages in the workplace.
Opposing this legislation is necessary given that employees are already shielded against workplace discrimination related to religious beliefs through comprehensive federal and state laws. The National Labor Relations Act (NLRA) already prohibits employer actions that could be coercive, threatening, or retaliatory towards union members, ensuring protections that this bill seems to overlap with. The ambiguity surrounding what forms of communication the bill intends to restrict—whether emails, casual conversations, or company intranet messages—could severely dampen essential workplace dialogues due to fears of post-hoc litigation by disgruntled employees. Furthermore, the bill's provisions concerning unions likely conflict with federal labor laws, evidenced by a past instance where the National Labor Relations Board challenged a similar state law, only to be rebuffed due to enforcement technicalities, not on the law’s merits. Lastly, the bill risks infringing on employers' free speech and due process rights by being overly vague about prohibited actions, posing significant legal and operational challenges.
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