Employee Rights Expanded Under the NJ Worker Freedom from Employer Intimidation Act

In this episode of Brach Eichler Talks, members of our Labor and Employment Practice discuss New Jersey’s newly amended Worker Freedom from Employer Intimidation Act, which expands employee protections against mandatory political or union-related meetings. Learn what employers need to know to stay compliant and how this change may impact workplace communications.

📲 Read the full alert at bracheichler.com/insights/employee-rights-expanded-under-the-nj-worker-freedom-from-employer-intimidation-act.

For more information on your organization’s obligations under the Worker Freedom from Employer Intimidation Act, please contact any member of the Firm’s Labor & Employment Practice Group:

Anthony M. Rainone, Esq., Member and Co-Chair, Labor and Employment Practice at 973.364.8372 or [e-mail]

Matthew M. Collins, Esq., Member and Co-Chair, Labor and Employment Practice at 973.403.3151 or [e-mail]

Eric Magnelli, Esq., Member, Labor and Employment Practice at 973.403.3110 or [e-mail]

Jay Sabin, Esq., Member, Labor and Employment Practice at 917.596.8987 or [e-mail]

Michael A. Spizzuco, Esq., Member, Labor and Employment Practice at 973.364.8342 or [e-mail]

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Episode Transcript

(00:00):
Thank you for tuning in to the Brach Eichler Talks podcast, where we

(00:03):
explore and discuss today's trending legal topics.
In this episode, we'll discuss a recent Labor and Employment Alert from Brach Eichler titled,
Employee Rights Expanded Under the NJ Worker Freedom from Employer Intimidation Act." Beginning
December 2nd, 2025, a New Jersey employer may not require employees to attend employer

(00:24):
sponsored meetings, listen to speeches, or engage in communications that specifically express
the employer's opinion about employees joining or supporting any political party or political,
civic community, fraternal, or labor organization or association according to a recently
enacted amendment to the state's worker freedom from employer intimidation act.

(00:46):
This law currently prohibits such employer mandated meetings and
communications about political and religious matters.
New Jersey will now follow twelve other states which ban mandatory employee meetings about unionization.
The law as amended does not prohibit employers from sponsoring such meetings when employee
attendance is voluntary or from disseminating certain types of communications to employees.

(01:11):
The law, though, does specify voluntary attendance will exist only when, prior to the meeting
, the employer has so notified the employees and communicated that there will be no penalty for nonattendance.
The amendment clarifies that an employer may, one, communicate information that the employer
is required by law to communicate, two, communicate information necessary for employees to

(01:35):
perform their required job duties, including requiring attendance at a meeting or participation
in communications, and three, require employees to attend training regarding unlawful
workplace harassment or discrimination… As is common with many New Jersey workplace laws,
employers must post a notice informing employees of their rights under the law in a conspicuous

(01:58):
place commonly frequented by employees… The prohibition on mandatory employee meetings seems to
run counter to the first amendment and federal labor law.
The latter which specifically provides that…expressing of any views, argument, or opinion,
or the dissemination thereof, whether in written, printed, graphic, or visual form, shall

(02:19):
not constitute or be evidence of an unfair labor practice under any of the provisions of the
National Labor Relations Act, if such expression contains no
threat of reprisal or force or promise of benefit.
Similar bans by other states have been challenged on those grounds.
(see, e.g., Minn. Chapter of Associated Builders and Contractors v.

(02:40):
Ellison, No. 24-3116 (8th Cir. Sept. 3, 2025); NLRB v.
Oregon, No. 6:20-CV-00203-MK (D. Or. Sept.
27, 2021); California Chamber of Commerce v. Bonta, No. 2:24-cv-03798-SCR (E.D.
Cal.),
undefined, so far unsuccessfully.
Nonetheless, New Jersey employers should remain current on any challenges to this newly enacted amendment.

(03:06):
In the interim, New Jersey employers should carefully review their policies and practices to
ensure compliance with the new amendments… Because of the potential risks and liability
, we suggest that any employer conducting a meeting that could potentially touch upon a
political matter first consult with legal counsel.

(03:27):
For more information on your organization's obligations under the worker freedom from employer

intimidation act, please contact any member of the firm's Labor and Employment practice group (03:31):
Anthony M.
Rainone, Esq., Member and Co-Chair, Labor and Employment Practice at
973-364-8372 or [e-mail], or Matthew M.
Collins, Esq., Member and Co-Chair, Labor and Employment Practice at

(03:52):
973-403-3151 or [e-mail], or Eric Magnelli, Esq.
, Member, Labor and Employment Practice at 973-403-3110, or
[e-mail] or Jay Sabin, Esq.
, Member, Labor and Employment Practice at 917-596-8987
or [e-mail], or Michael A Spizzuco, Esq.

(04:16):
, Member, Labor and Employment Practice at 973-364-8342, or [e-mail].
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For more information and resources, visit bracheichler.com.

(04:38):
This is intended to provide general information, not legal advice.
Please contact the authors if you need specific legal advice.
Brach Eichler LLC is a full service law firm based in Roseland, New Jersey with over 80 attorneys.

The firm is focused on the following practice areas (04:52):
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(05:13):
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