In 2023, Minnesota enacted the “Employer-Sponsored Meetings of Communications Act” (the “Act”), Minn. Stat. § 181.531. The Act prohibits employers from taking adverse employment action against any employee who refuses to participate in meetings where the employer discusses its opinion on political and religious matters.
Captive audience meetings are employer sponsored meetings where the employer requires employees to attend and listen to the employer position concerning a union organizing effort. The meeting is intended to dissuade workers from unionizing. These meetings continue to receive significant attention at the state and federal level. There are now 12 states, including Minnesota, which have enacted laws designed to ban or restrict captive audience meetings: Alaska, Connecticut, Hawaii, Illinois, Maine, New Jersey, New York, Oregon, Vermont, Washington, and, most recently, California.
The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation, non-disclosure, and return of property provisions – contained in an employer’s standard employment agreement. The Division’s approach in this particular case serves as a helpful guide for how the agency will likely assess other similar agreements in the future.