An Act to ban captive audience meetings
Generates a plain-language summary of the bill text and history.
| Committee | Recommendation | Vote |
|---|---|---|
| J43 | Accompanied | 1 entries |
Chapter 150A of the General Laws is hereby amended by adding the following section:-
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Political matters”, matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization. “Religious employer”, a church or convention or association of churches or an organization that is operated primarily for religious purposes and that is operated, supervised, controlled or principally supported by a church or convention or association of churches. “Religious matters”, matters relating to religious affiliation and practice and the decision to join or support any religious organization or association. (b) Except as provided in subsections (c) and (d), any employer who subjects or threatens to subject any employee to discipline or discharge on account of any of the following: (i) an employee exercising their rights guaranteed by the first amendment to the United States Constitution or article LXXVII of the Massachusetts Constitution; provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages and for reasonable attorney's fees as part of the costs of any such action for damages; (ii) an employee's refusal to: (A) attend an employer sponsored meeting with the employer or its agent, representative or designee that the primary purpose is to communicate the employer's opinion concerning religious or political matters, or (B) listen to speech or view communications that the primary purpose is to communicate the employer's opinion concerning religious or political matters, shall be liable to such employee for the full amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as may be allowed by the court. If the court determines that such action for damages was brought without substantial justification, the court may award costs and reasonable attorney's fees to the employer; or (iii) an employee or a person acting on behalf of the employee makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. (c) 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, that participation in such conversations is not required; or (v) a requirement limited to the employer's managerial and supervisory employees. (d) Within 30 days after the effective date of this section, an employer subject to this section shall post and keep posted a notice of employee rights under this section where employee notices are customarily placed. (e) This section shall not apply to a religious employer.
Chapter 150A of the General Laws is hereby amended by adding the following section:- Section 13. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Political matters”, matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulation and the decision to join or support any political party or political, civic, community, fraternal or labor organization. “Religious employer”, a church or convention or association of churches or an organization that is operated primarily for religious purposes and that is operated, supervised, controlled or principally supported by a church or convention or association of churches. “Religious matters”, matters relating to religious affiliation and practice and the decision to join or support any religious organization or association. (b) Except as provided in subsections (c) and (d), any employer who subjects or threatens to subject any employee to discipline or discharge on account of any of the following: (i) an employee exercising their rights guaranteed by the first amendment to the United States Constitution or article LXXVII of the Massachusetts Constitution; provided such activity does not substantially or materially interfere with the employee's bona fide job performance or the working relationship between the employee and the employer, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages and for reasonable attorney's fees as part of the costs of any such action for damages; (ii) an employee's refusal to: (A) attend an employer sponsored meeting with the employer or its agent, representative or designee that the primary purpose is to communicate the employer's opinion concerning religious or political matters, or (B) listen to speech or view communications that the primary purpose is to communicate the employer's opinion concerning religious or political matters, shall be liable to such employee for the full amount of gross loss of wages or compensation, with costs and such reasonable attorney's fees as may be allowed by the court. If the court determines that such action for damages was brought without substantial justification, the court may award costs and reasonable attorney's fees to the employer; or (iii) an employee or a person acting on behalf of the employee makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. (c) 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, that participation in such conversations is not required; or (v) a requirement limited to the employer's managerial and supervisory employees. (d) Within 30 days after the effective date of this section, an employer subject to this section shall post and keep posted a notice of employee rights under this section where employee notices are customarily placed. (e) This section shall not apply to a religious employer.