Employers must post a conspicuous notice informing employees of their rights under the law in a common area accessible to all employees.
On September 3, 2025, New Jersey Governor Phil Murphy signed into law Assembly Bill A4429 (Bill), which significantly expands the scope of protections afforded by the Worker Freedom from Employer Intimidation Act (Act). The Act, as amended by the Bill, further restricts employer communications about political matters, which now explicitly include communications regarding labor organization activity.
The amendments to the Act take effect on December 2, 2025.
Key Updates
Protections for Employees
The Act prohibits employers from taking any adverse employment actions against employees who refuse to attend an employer-sponsored meeting, listen to employer speech, or view employer communications that express the employer’s opinion on religious or “political matters.”
Expanded Definition of “Political Matters”
Previously, “political matters” covered topics like political party affiliation and membership in political or community organizations. As amended, the Act defines political matters to include:
[M]atters which relate to an electioneering communication and the employee’s decision to join or support any political party or political, civic, community, fraternal, or labor organization or association.
Ban on Mandatory Attendance
Employers may not require employees to attend meetings or engage in communications that convey the employer’s opinion on political matters, now including anti-union or pro-union messaging.
The Act does carve out several exceptions to this prohibition, including communications that are required by law, communications that are necessary for the employees to perform their job duties, and trainings to prevent workplace harassment and discrimination.
Employee Right to Opt Out
Employers may host voluntary employer-sponsored meetings or provide communications regarding political matters as long as the employer notifies employees that they may refuse to attend the meeting and may refuse to accept the communications without penalty.
Posting Requirement
Employers must post a conspicuous notice informing employees of their rights under the law in a common area accessible to all employees. New Jersey typically provides such posters on the Department of Labor & Workforce Development’s website. The agency has yet to provide a poster reflecting the amended Act.
Interaction with the National Labor Relations Act (NLRA)
The NLRA governs labor relations in the private sector at the federal level. Because federal law generally preempts conflicting state laws, any inconsistency between the NLRA and a state statute, such as the amended Act, may render the state law unenforceable.
For over 70 years, the NLRA permitted employers to hold mandatory “captive audience” meetings to express their views on unionization, so long as the meetings did not contain threats or promises of benefits.
However, in November 2024, the National Labor Relations Board (NLRB) overturned that long-standing precedent in Amazon.com Services LLC.[1] The NLRB’s ruling prohibits captive audience meetings if an employee could reasonably conclude that either:
- Attendance is required as part of the employee’s job duties or
- Failure to attend could lead to discipline, discharge or other adverse consequences.
The NLRB did carve out a limited safe harbor exception that allows employers to hold workplace meetings on unionization—provided that the employer informs employees what the meeting is about, makes clear that employees will not be subject to adverse consequences if they do not attend, and conveys that the employer will not keep records of who attended the meeting.
It should be noted that the NLRB’s current general counsel issued GC Memo 25-05 on February 14, 2025, which rescinded an earlier GC Memo 22-04 under the prior administration, wherein the prior general counsel urged the NLRB to find “captive audience meetings” unlawful. While the current general counsel’s memo alone does not overturn the NLRB’s decision in Amazon.com Services LLC, it is indicative of a potential reversion to the prior precedent. The NLRB’s position is tied to the current presidential administration and its prohibition on captive audience meetings may be reversed under the current leadership.
If that happens, the federal standard will shift again. Because the amended Act is not that dissimilar to the NLRB’s ban on captive audience meetings, any reversal by the NLRB of its stance on this issue will place New Jersey’s law in potential jeopardy due to federal preemption. In other words, if the NLRB rescinds its ban, the validity of the amendments to the Act could be short-lived.
For more information on the NLRA’s current restrictions on captive audience meetings, see our previous Alert.
What This Means for New Jersey Employers
Unless or until the Act is successfully challenged, employers should review their handbooks, internal policies, and communication protocols to ensure they are compliant with the Act, as amended, including the new provisions relating to union activities. Employers must also prepare to display the required employee rights notice in all workplaces once it becomes available.
For More Information
If you have any questions about this Alert, please contact Kathleen O'Malley, Danielle M. Dwyer, any of the attorneys in our Employment, Labor, Benefits and Immigration Practice Group or the attorney in the firm with whom you are regularly in contact.
Notes
[1] The decision was appealed by the employer and is pending before the Eleventh Circuit.
Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.