๐๏ธ New Jersey Expands "Captive Audience" Meeting Restrictions
Ogletree coverage of New Jersey's expanded captive audience laws, effective December 2nd this year
New Jersey's Assembly Bill 4429, signed September 3, 2025 and effective December 2, 2025, significantly broadens the state's captive audience law. Employers can no longer require employees to attend meetings or participate in communications about "political matters," which now explicitly includes discussions about joining or supporting labor organizations or associationsโeffectively prohibiting mandatory anti-union or pro-union meetings.
The law faces potential challenges on two fronts: federal preemption under the National Labor Relations Act and First Amendment grounds. California's similar law (SB 399) was already blocked by preliminary injunction in October 2025 for likely constitutional violations.
New Jersey employers should review meeting protocols and ensure voluntary attendance notifications are provided before any political matter discussions, including unionization topics.
Key Points
- Expanded Definition: "Political matters" now covers electioneering communications and decisions to join political, civic, community, fraternal, or labor organizations
- Voluntary Only: Employers may hold meetings on these topics only if employees are clearly informed attendance is voluntary without penalty
- Exemptions: Legally required communications, job-essential information, harassment/discrimination training, and narrow contexts for higher education, political organizations, government, and religious entities
- Posting Requirement: Employers must post employee rights notices (though New Jersey hasn't yet published the official notice)
Primary Author: Marc-Joseph Gansah
Primary Source: Ogletree
Primary Source Link: https://ogletree.com/insights-resources/blog-posts/new-jersey-enacts-broader-prohibitions-on-captive-audience-meetings/