Employment Law in New York: Captive Audience Meetings
The National Labor Relations Board (NLRB) was considering regulation that restricted so-called “captive audience meetings” in the workplace. However, change in administration has stalled the rule-making process. In the meantime, New York has initiated its own statewide restrictions. In this article, our New York City employment attorney provides a more detailed overview of the state’s regulations for captive audience meetings.
Background: What is a Captive Audience Meeting?
Broadly defined, a captive audience meeting is a mandatory meeting that an employer requires employees to attend (often during work hours) where the employer presents its views on unionization, collective bargaining, or related workplace rights. These meetings are called “captive” because employees cannot refuse to attend without risking discipline or retaliation.
Takeaway: Employers may use captive audience meetings to discourage union activity or to persuade workers against supporting organizing campaigns.
Federal Regulators Considered Banning Captive Audience Meetings (Stalled)
The NLRB was considering comprehensive federal regulations to ban captive audience meetings. However, in January of 2025, the agency saw its rulemaking and enforcement grind to a halt after an unprecedented political shake-up. President Trump’s removal of Board member Gwynne Wilcox in January stripped the agency of its quorum. That left it unable to issue decisions or finalize regulations. For now, the effort to restrict captive audience meetings has been stalled.
With that being said, shortly after appointing William B. Cowen as acting General Counsel, the NLRB rescinded nearly 29 memos authored under former General Counsel Jennifer Abruzzo. Those previous memos had advanced expansive protections. The NLRB’s authority to enforce unfair labor practices is being directly challenged in court. On August 19th, 2025, the Fifth Circuit upheld injunctions preventing the NLRB from prosecuting such claims in Texas, Louisiana, and Mississippi. It does not apply nationwide at the current time.
New York has State Regulations On Captive Audience Meetings
On September 6th, 2023, Governor Kathy Hochul signed a law amending New York Labor Law § 201-d. That law made it illegal for employers to require non-supervisory employees to attend meetings primarily meant to convey the employer’s political, religious, or union-related views. Employers are likewise barred from disciplining or retaliating against workers who refuse to attend such sessions. The law defines “political matters” broadly to include union support, legislation, elections, and civic decisions, and “religious matters” to include affiliation and practice.
Note: Exceptions apply for required communications under law, necessary job-related information, casual voluntary conversations, meetings limited to managers or academic contexts, and religious entities exempt under Title VII are all permitted.
Speak to Our New York City Employment Lawyer Today
At Poulos LoPiccolo PC, our New York employment attorney has the knowledge and experience that you can rely on. If you have any specific questions or concerns about the law for captive audience meetings, please do not hesitate to contact us today for a fully confidential, no obligation case review. With an office in New York City, we handle employment law matters across the region.
