New Protection for Employees From Political Speech by Employers

New law protects New Jersey employees from political speechToday, Governor Murphy signed into law an amendment to a New Jersey employment law that will protect most employees from being forced to listen to their employer’s political or religious opinions. The statute is expressly intended to ensure that workers are permitted to perform their jobs rather than having to listen to their employer’s political speech.

More specifically, the amended law prohibits employers from requiring employees to attend an employer-sponsored meeting, or requiring them to participate in communications with the employer, that express the employer’s opinion about religious or political matters. It defines “political matters” to include the decision to join or support any political party, or any political, civic, community, fraternal, or labor organization or association. It also includes electioneering, which means communications that advocate for a political candidate within 30 days of a primary election or within 60 days of a municipal, runoff, school board, special or general election, as well as other communication that clearly identify a public question or referendum, or that no reasonable person could interpret in any way other than to communicate support or opposition regarding a public question or referendum.

This new law includes numerous specific exceptions. For example, it does not:

  1. Prohibit employers from allowing employees to voluntarily attend employer-sponsored meetings, or providing other communications to employees, as long as the employer tells the employees that they can refuse to attend the meetings or accept the communications without a penalty;
  2. Prohibit employers from communicating information they are required by law to communicate;
  3. Limit employers’ right to communicate information to employees that is necessary for the employees to perform their jobs, including attending meetings or participating in communications;
  4. Prohibit employers from requiring employees to attend training to reduce or prevent unlawful harassment or discrimination;
  5. Prohibit institutions of higher education from conducting mandatory meetings or participating in communications with employees about the institution’s coursework, symposia, research, publication, or academic programs;
  6. Prohibit, where lawful, a lobbyist or not-for-profit organization from requiring its employees to attend an employer-sponsored meetings or to participate in communications with the employer regarding electioneering;
  7. Prohibit the State, including its subdivisions, from requiring employees to attend employer-sponsored meetings or to participate in communications with the employer to communicate the employer’s proposals to change legislation, regulations, or public policy; or
  8. Prohibit religious organizations from requiring their employees to attend employer-sponsored meetings or participate in communication with the employer to communicate the employer’s religious beliefs, practices, or tenets.

Under this statute, employers cannot fire, discipline, or otherwise penalize, or threaten to fire, discipline, or penalize, employees because they reported a suspected violation of the statute in good faith, or refused to participate in a meeting or communication pursuant to the statute. An employee who experiences any such retaliation can file a lawsuit seeking an injunction, reinstatement to their job, damages for lost wages and benefits, attorney’s fees and costs, and “other appropriate relief as considered necessary by the court.” It is unclear if or when other appropriate relief would include emotional distress damages. In addition, a court can award punitive damages not to exceed three times the actual damages, or a civil fine.

The amended statute will go into effect in 90 days, meaning on December 2, 2025.  You can view the full text of the amendment to the statute here.

If your employer has violated your New Jersey employment law rights, our employment lawyers can help. Please contact us online or call us at (201) 777-2250 to schedule an initial consultation with one of our attorneys. From our office in Bergen County, we represent employees throughout the state of New Jersey.

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