NY State Senate Bill 2021-S4873A

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Mar 02, 2021	print number 4873a
Mar 02, 2021	amend and recommit to labor
Feb 17, 2021	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2021-S4873 - Details

See Assembly Version of this Bill:: A1540
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §201-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6603, A9024
2023-2024: S4982, A6604

2021-S4873 - 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.

2021-S4873 - Sponsor Memo

                                
 
BILL NUMBER: S4873

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 require-
ments 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:

2020: S.6603a (Ramos)- Referred to labor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S4873 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4873
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BAILEY, BENJAMIN, BIAGGI, GOUNARDES, HOYLMAN,
   JACKSON,  KENNEDY,  KRUEGER,  MAY,  MAYER,  MYRIE,  RIVERA, SEPULVEDA,
   SERRANO -- read twice and ordered printed,  and  when  printed  to  be
   committed 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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00122-01-1

 S. 4873                             2
 
 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.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S4873A (ACTIVE) - Details

See Assembly Version of this Bill:: A1540
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §201-d, Lab L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6603, A9024
2023-2024: S4982, A6604

2021-S4873A (ACTIVE) - Summary

2021-S4873A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4873A

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 coercion or poli-
tical retaliation from their bosses at higher rates.  Employer-sponsored
communication has taken the form of mandatory political rallies for a
partisan candidate and meetings regarding an employer's opinion on
specific legislation. Not only are employers fabricating support for
partisan politicians of their liking, they are also pushing their opin-
ions 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:

2020: S6603 (Ramos) Referred to Labor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4873A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4873--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 17, 2021
                                ___________
 
 Introduced by Sens. RAMOS, BAILEY, BENJAMIN, BIAGGI, GOUNARDES, HOYLMAN,
   JACKSON,  KENNEDY,  KRUEGER,  MAY,  MAYER,  MYRIE,  RIVERA, SEPULVEDA,
   SERRANO -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the  Committee  on  Labor -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
                                                            LBD00122-03-1

 S. 4873--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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4873A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2021-S4873 - Details

2021-S4873 - Summary

2021-S4873 - Sponsor Memo

2021-S4873 - Bill Text download pdf

co-Sponsors

2021-S4873A (ACTIVE) - Details

2021-S4873A (ACTIVE) - Summary

2021-S4873A (ACTIVE) - Sponsor Memo

2021-S4873A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4873A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2021-S4873 - Details

2021-S4873 - Summary

2021-S4873 - Sponsor Memo

2021-S4873 - Bill Text download pdf

co-Sponsors

2021-S4873A (ACTIVE) - Details

2021-S4873A (ACTIVE) - Summary

2021-S4873A (ACTIVE) - Sponsor Memo

2021-S4873A (ACTIVE) - Bill Text download pdf

Comments