S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1540
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M. of A. REYES, DINOWITZ, ENGLEBRIGHT, GOTTFRIED, RAMOS,
   L. ROSENTHAL,  JEAN-PIERRE,  QUART,  SIMON,  JOYNER,  AUBRY,   STIRPE,
   CAHILL,  WEPRIN,  TAYLOR,  WILLIAMS,  SANTABARBARA, CRUZ, STECK, NIOU,
   GLICK, BARNWELL, FERNANDEZ, PAULIN, LAVINE, ABINANTI, STERN, JACOBSON,
   J. RIVERA, DE LA ROSA, DeSTEFANO, SEAWRIGHT, PICHARDO, EPSTEIN,  McMA-
   HON,  DICKENS -- Multi-Sponsored by -- M. of A. FRONTUS, NOLAN, THIELE
   -- read once and referred 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.  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.
              

                                                            LBD00122-02-1

 A. 1540                             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.