New Jersey Governor Phil Murphy signed into law significant amendments to the New Jersey Employer Political Communication Restrictions Act (the “Act”) on September 3, 2025. These amendments, which take effect on December 2, 2025, make New Jersey one of 12 states in the nation to prohibit employers from holding captive audience meetings to discuss unionization with employees.
KEY PROVISIONS
The Act Will Prohibit Employers from Holding Mandatory Meetings on Unionization
Employers and their agents will be prohibited from requiring employees to attend meetings or participate in communications where the purpose is to convey the employer’s opinion about unionization. This restriction will apply to all employers in New Jersey, including those in both the private and public sectors.
Enhanced Notice Posting Requirement
Once the Act goes into effect, employers must post a notice of employee rights under the Act in conspicuous locations frequented by employees. An example of a conspicuous location would be next to the timeclock where employees punch in and out or in the employee breakroom next to all other required employee notice postings.
Permitted Communications and Exceptions
Employers will still be able to communicate with employees about unionization, or hold other meetings, under certain circumstances:
- If attendance at the meeting is voluntary and employees are notified of their right to refuse to attend the meeting without incurring any penalty or discipline.
- Employers will still be able to communicate information to employees that is required by law or necessary for employees to perform their job duties.
- Employers will still be able to require employee attendance at trainings to prevent unlawful workplace harassment or discrimination.
- Institutions of higher education will still be able to conduct mandatory meetings related to academic programs.
- Certain organizations, such as political committees and not-for-profits, will still be able to require staff to attend meetings for electioneering purposes.
- Religious organizations will still be able to require attendance for communications regarding religious beliefs or practices.
Enhanced Employee Protections
Employers will be prohibited from discharging, disciplining, or otherwise penalizing employees for refusing to participate in these mandatory meetings or for making good faith reports of violations of the Act. If an employee feels their rights under the Act have been violated, they may bring a civil action in New Jersey Superior Court within 90 days of an alleged violation. Available remedies will include injunctive relief, reinstatement, lost wages and benefits, attorneys’ fees, and other appropriate relief. Courts may also award punitive damages up to treble damages or impose civil fines of up to $1,000 for a first violation and $5,000 for subsequent violations.
EMPLOYER RECOMMENDATIONS MOVING FORWARD
Before the Act goes into effect on December 2, 2025, employers should consider:
- Reviewing and updating any workplace policies and training materials regarding mandatory meetings to ensure compliance with the Act’s expanded restrictions.
- Preparing communications that can be issued to employees.
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- These communications should make it clear that employees may opt out of political, religious, or unionization meetings without any adverse action being taken against those who exercise this right.
- These communications should make it clear that employees may opt out of political, religious, or unionization meetings without any adverse action being taken against those who exercise this right.
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- Posting the required notice of employee rights in all appropriate locations.