NY State Senate Bill 2019-S6603A

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 02, 2020	print number 6603a
Nov 02, 2020	amend and recommit to labor
Jan 08, 2020	referred to labor
Jun 18, 2019	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S6603 - Details

See Assembly Version of this Bill:: A9024
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §201-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4873, A1540
2023-2024: S4982, A6604

2019-S6603 - Summary

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.

2019-S6603 - Sponsor Memo

                                
 
BILL NUMBER: S6603

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to protecting employee free-
dom of speech and conscience

 
SUMMARY OF PROVISIONS:

Section 1. Paragraphs c and d of subdivision 2 of section 201-d of the
labor law is amended to include a provision to protect an individual's
refusal to attend employer-sponsored meetings or listen to a speech
which communicates the employer's opinion about religious or political
matters.

Section 2. Subdivision 201-d of section 235 of the labor law is amended
by adding two new subdivisions 8 and 9 to reiterate that employers are
not prohibited from communicating to its employees any information that
the employer is required by law; communicating any information about job
duties; from having any higher education institutions meet with employ-
ees as part of coursework; requiring limited to the employer's manageri-

al and supervisory employees.

Section 3. This act shall take effect immediately.

 
JUSTIFICATION:

Over the past 40 years, as labor union membership has declined and work-
er protections have been stripped, employers have been emboldened to
share their political and personal beliefs with employees. This has
taken the form of political rallies and meetings in workplaces where
employees are required to attend. Not only are employers fabricating
support for speeches given by politicians of their liking but also they
are indoctrinating their workers with their ideas of what's right and
wrong.

This bill reiterates employees right to free speech and conscience by
protecting employees from retaliation who refuse to attend employer
sponsored religious or political meetings and speeches.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To Be Determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S6603 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6603
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:

   Section 1. Paragraphs c and d of subdivision 2 of section 201-d of the
 labor law, as added by chapter 776 of the laws of 1992, are  amended  to
 read as follows:
   c.  an  individual's legal recreational activities outside work hours,
 off of the employer's premises and without use of the employer's  equip-
 ment or other property; [or]
   d.  an  individual's  membership  in a union or any exercise of rights
 granted under Title 29, USCA, Chapter 7 or under article fourteen of the
 civil service law; OR
   E. AN INDIVIDUAL'S REFUSAL TO: (I) ATTEND AN EMPLOYER-SPONSORED  MEET-
 ING  WITH  THE  EMPLOYER  OR  ITS AGENT, REPRESENTATIVE OR DESIGNEE, THE
 PRIMARY PURPOSE OF  WHICH  IS  TO  COMMUNICATE  THE  EMPLOYER'S  OPINION
 CONCERNING  RELIGIOUS  OR POLITICAL MATTERS; OR (II) LISTEN TO SPEECH OR
 VIEW COMMUNICATIONS, THE PRIMARY PURPOSE OF WHICH IS TO COMMUNICATE  THE
 EMPLOYER'S OPINION CONCERNING RELIGIOUS OR POLITICAL MATTERS.
   §  2.  Section  201-d  of  the  labor law is amended by adding two new
 subdivisions 8 and 9 to read as follows:
   8. NOTHING IN THIS SECTION SHALL PROHIBIT:  (I)  AN  EMPLOYER  OR  ITS
 AGENT,  REPRESENTATIVE  OR  DESIGNEE FROM COMMUNICATING TO ITS EMPLOYEES
 ANY INFORMATION THAT THE EMPLOYER IS REQUIRED BY LAW TO COMMUNICATE, BUT
 ONLY TO THE EXTENT OF SUCH LEGAL REQUIREMENT; (II) AN  EMPLOYER  OR  ITS
 AGENT,  REPRESENTATIVE  OR  DESIGNEE FROM COMMUNICATING TO ITS EMPLOYEES
 ANY INFORMATION THAT IS NECESSARY FOR SUCH EMPLOYEES  TO  PERFORM  THEIR
 JOB  DUTIES;  (III)  AN  INSTITUTION  OF HIGHER EDUCATION, OR ANY AGENT,
 REPRESENTATIVE OR DESIGNEE OF SUCH INSTITUTION,  FROM  MEETING  WITH  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13443-01-9

 S. 6603                             2
 
 PARTICIPATING  IN ANY COMMUNICATIONS WITH ITS EMPLOYEES THAT ARE PART OF
 COURSEWORK, ANY SYMPOSIA OR AN ACADEMIC  PROGRAM  AT  SUCH  INSTITUTION;
 (IV)  CASUAL  CONVERSATIONS BETWEEN EMPLOYEES OR BETWEEN AN EMPLOYEE AND
 AN  AGENT,  REPRESENTATIVE  OR DESIGNEE OF AN EMPLOYER, PROVIDED PARTIC-
 IPATION IN SUCH CONVERSATIONS IS NOT  REQUIRED;  OR  (V)  A  REQUIREMENT
 LIMITED TO THE EMPLOYER'S MANAGERIAL AND SUPERVISORY EMPLOYEES.
   9.  THE  PROVISIONS  OF  THIS  SECTION  SHALL NOT APPLY TO A RELIGIOUS
 CORPORATION, ENTITY, ASSOCIATION,  EDUCATIONAL  INSTITUTION  OR  SOCIETY
 THAT  IS  EXEMPT  FROM THE REQUIREMENTS OF TITLE VII OF THE CIVIL RIGHTS
 ACT OF 1964 PURSUANT TO 42 USC 2000E-1(A)  WITH  RESPECT  TO  SPEECH  ON
 RELIGIOUS  MATTERS  TO  EMPLOYEES  WHO  PERFORM  WORK CONNECTED WITH THE
 ACTIVITIES UNDERTAKEN BY SUCH  RELIGIOUS  CORPORATION,  ENTITY,  ASSOCI-
 ATION, EDUCATIONAL INSTITUTION OR SOCIETY.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S6603A (ACTIVE) - Details

See Assembly Version of this Bill:: A9024
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §201-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S4873, A1540
2023-2024: S4982, A6604

2019-S6603A (ACTIVE) - Summary

2019-S6603A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6603A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to protecting employee free-
dom of speech and conscience

 
SUMMARY OF PROVISIONS:

Section 1. Paragraphs d and e are added to define "political" and "reli-
gious" matters.

Section 2. Paragraph e is added to protect an employee's refusal to
attend an employer-sponsored meeting, listen to employer speech, or view
any other employer communication that has the primary purpose of
expressing the employer's opinion concerning religious or political
matters.

Section 3. Subdivision 8 is added to reiterate that employers are not
prohibited from communicating to employees any information that the
employer is required by law to communicate; communicating any informa-

tion about job duties; having any higher education institutions meet
with employees as part of coursework; a requirement limited to the
employer's managerial and supervisory employees.

Subdivision 9 is added to Section 3 to provide exemptions for entities
exempt from the requirements of Title VII of the Civil Rights Act of
1964 pursuant to 42 USC 2000e-1(a) with respect to speech on religious
matters.

Subdivision 10 is added to Section 3 to require employees to post
signage alerting employees of their rights pursuant to this section.
This act shall take effect immediately.

 
JUSTIFICATION:

Over the past 40 years, as labor union membership has declined and work-
er protections have been stripped, employers have been emboldened to
share their political and personal beliefs with employees.  Research
shows that employers nationwide have increased partisan messaging to
employees and that employees may feel pressured into following their
employers' political positions. Compared to high-earning employees,
employees receiving lower wages report feeling fear of political coer-
cion or political retaliation from their bosses at higher rates.

Employer-sponsored communication has taken the form of mandatory poli-
tical rallies for a partisan candidate and meetings regarding an employ-
er's opinion on specific legislation. Not only are employers fabricating
support for partisan politicians of their liking, they are also pushing
their opinions on legislative issues, unionism, and religious topics on
their workers.

This bill reiterates employees' right to free speech and conscience by
protecting them from retaliation for refusing to attend meetings that
have the primary purpose of communicating an employer's opinion regard-
ing religious or political matters. Notably, non-partisan communication
like neutral "get out the vote" drives would still be permitted and may
represent how workplaces can positively influence civic action. By join-
ing states like Oregon and Connecticut that have passed or proposed
similar legislation, this bill will protect the political rights of
workers in New York State.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2019-S6603A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6603--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2019
                                ___________
 
 Introduced by Sens. RAMOS, BAILEY, BENJAMIN, BIAGGI, GOUNARDES, HOYLMAN,
   JACKSON, KENNEDY, KRUEGER, MAY, MAYER, MYRIE, RIVERA, SALAZAR, SAVINO,
   SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed
   to  be  committed  to  the  Committee  on  Rules -- recommitted to the
   Committee on Labor in accordance with Senate Rule 6, sec. 8 -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 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:
 
   Section 1.  Paragraph c of subdivision 1 of section 201-d of the labor
 law, as added by chapter 776 of the laws of 1992, is amended and two new
 paragraphs d and e are added to read as follows:
   c.  "Work  hours"  shall mean, for purposes of this section, all time,
 including paid and unpaid breaks and meal periods, that the employee  is
 suffered,  permitted or expected to be engaged in work, and all time the
 employee is actually engaged in  work.  This  definition  shall  not  be
 referred  to  in determining hours worked for which an employee is enti-
 tled to compensation under any law including article  nineteen  of  this
 chapter[.];
   D.  "POLITICAL  MATTERS"  SHALL MEAN MATTERS RELATING TO ELECTIONS FOR
 POLITICAL OFFICE, POLITICAL PARTIES,  LEGISLATION,  REGULATION  AND  THE
 DECISION  TO  JOIN  OR  SUPPORT ANY POLITICAL PARTY OR POLITICAL, CIVIC,
 COMMUNITY, FRATERNAL OR LABOR ORGANIZATION;
   E. "RELIGIOUS MATTERS" SHALL MEAN MATTERS RELATING TO RELIGIOUS AFFIL-
 IATION AND PRACTICE AND THE DECISION TO JOIN OR  SUPPORT  ANY  RELIGIOUS
 ORGANIZATION OR ASSOCIATION.
   § 2. Paragraphs c and d of subdivision 2 of section 201-d of the labor
 law, as added by chapter 776 of the laws of 1992, are amended to read as
 follows:

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

                                                            LBD13443-04-0

 S. 6603--A                          2
 
   c.  an  individual's legal recreational activities outside work hours,
 off of the employer's premises and without use of the employer's  equip-
 ment or other property; [or]
   d.  an  individual's  membership  in a union or any exercise of rights
 granted under Title 29, USCA, Chapter 7 or under article fourteen of the
 civil service law; OR
   E. AN INDIVIDUAL'S REFUSAL TO: (I) ATTEND AN EMPLOYER-SPONSORED  MEET-
 ING  WITH  THE  EMPLOYER  OR  ITS AGENT, REPRESENTATIVE OR DESIGNEE, THE
 PRIMARY PURPOSE OF  WHICH  IS  TO  COMMUNICATE  THE  EMPLOYER'S  OPINION
 CONCERNING  RELIGIOUS  OR POLITICAL MATTERS; OR (II) LISTEN TO SPEECH OR
 VIEW COMMUNICATIONS, THE PRIMARY PURPOSE OF WHICH IS TO COMMUNICATE  THE
 EMPLOYER'S OPINION CONCERNING RELIGIOUS OR POLITICAL MATTERS.
   §  3.  Section  201-d  of the labor law is amended by adding three new
 subdivisions 8, 9 and 10 to read as follows:
   8. NOTHING IN THIS SECTION SHALL PROHIBIT:  (I)  AN  EMPLOYER  OR  ITS
 AGENT,  REPRESENTATIVE  OR  DESIGNEE FROM COMMUNICATING TO ITS EMPLOYEES
 ANY INFORMATION THAT THE EMPLOYER IS REQUIRED BY LAW TO COMMUNICATE, BUT
 ONLY TO THE EXTENT OF SUCH LEGAL REQUIREMENT; (II) AN  EMPLOYER  OR  ITS
 AGENT,  REPRESENTATIVE  OR  DESIGNEE FROM COMMUNICATING TO ITS EMPLOYEES
 ANY INFORMATION THAT IS NECESSARY FOR SUCH EMPLOYEES  TO  PERFORM  THEIR
 JOB  DUTIES;  (III)  AN  INSTITUTION  OF HIGHER EDUCATION, OR ANY AGENT,
 REPRESENTATIVE OR DESIGNEE OF SUCH INSTITUTION,  FROM  MEETING  WITH  OR
 PARTICIPATING  IN ANY COMMUNICATIONS WITH ITS EMPLOYEES THAT ARE PART OF
 COURSEWORK, ANY SYMPOSIA OR AN ACADEMIC  PROGRAM  AT  SUCH  INSTITUTION;
 (IV)  CASUAL  CONVERSATIONS BETWEEN EMPLOYEES OR BETWEEN AN EMPLOYEE AND
 AN AGENT, REPRESENTATIVE OR DESIGNEE OF AN  EMPLOYER,  PROVIDED  PARTIC-
 IPATION  IN  SUCH  CONVERSATIONS  IS  NOT REQUIRED; OR (V) A REQUIREMENT
 LIMITED TO THE EMPLOYER'S MANAGERIAL AND SUPERVISORY EMPLOYEES.
   9. THE PROVISIONS OF THIS SECTION  SHALL  NOT  APPLY  TO  A  RELIGIOUS
 CORPORATION,  ENTITY,  ASSOCIATION,  EDUCATIONAL  INSTITUTION OR SOCIETY
 THAT IS EXEMPT FROM THE REQUIREMENTS OF TITLE VII OF  THE  CIVIL  RIGHTS
 ACT  OF  1964  PURSUANT  TO  42 USC 2000E-1(A) WITH RESPECT TO SPEECH ON
 RELIGIOUS MATTERS TO EMPLOYEES  WHO  PERFORM  WORK  CONNECTED  WITH  THE
 ACTIVITIES  UNDERTAKEN  BY  SUCH  RELIGIOUS CORPORATION, ENTITY, ASSOCI-
 ATION, EDUCATIONAL INSTITUTION OR SOCIETY.
   10. EVERY EMPLOYER SHALL  POST  A  SIGN  IN  EVERY  WORKPLACE  AT  THE
 LOCATION OR LOCATIONS WHERE NOTICES TO EMPLOYEES ARE NORMALLY POSTED, TO
 INFORM EMPLOYEES OF THEIR RIGHTS PURSUANT TO THIS SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S6603A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2019-S6603 - Details

2019-S6603 - Summary

2019-S6603 - Sponsor Memo

2019-S6603 - Bill Text download pdf

co-Sponsors

2019-S6603A (ACTIVE) - Details

2019-S6603A (ACTIVE) - Summary

2019-S6603A (ACTIVE) - Sponsor Memo

2019-S6603A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

Bill Amendments

co-Sponsors

2019-S6603 - Details

2019-S6603 - Summary

2019-S6603 - Sponsor Memo

2019-S6603 - Bill Text download pdf

co-Sponsors

2019-S6603A (ACTIVE) - Details

2019-S6603A (ACTIVE) - Summary

2019-S6603A (ACTIVE) - Sponsor Memo

2019-S6603A (ACTIVE) - Bill Text download pdf

Comments