6 | 4 | | |
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7 | 5 | | General Assembly Committee Bill No. 64 |
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8 | 6 | | January Session, 2019 |
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9 | 7 | | LCO No. 4909 |
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10 | 8 | | |
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11 | 9 | | |
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12 | 10 | | Referred to Committee on LABOR AND PUBLIC EMPLOYEES |
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13 | 11 | | |
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14 | 12 | | |
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15 | 13 | | Introduced by: |
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16 | 14 | | (LAB) |
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17 | 15 | | |
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18 | 16 | | |
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19 | 17 | | |
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20 | 18 | | AN ACT CONCERNING CA PTIVE AUDIENCE MEETINGS. |
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21 | 19 | | Be it enacted by the Senate and House of Representatives in General |
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22 | 20 | | Assembly convened: |
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23 | 21 | | |
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24 | 22 | | Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1 |
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25 | 23 | | section: 2 |
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26 | 24 | | (1) "Employer" means a person engaged in business who has more 3 |
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27 | 25 | | than one employee, including the state and any political subdivision of 4 |
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28 | 26 | | the state; 5 |
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29 | 27 | | (2) "Employee" means any person engaged in service to an employer 6 |
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30 | 28 | | in a business of such employer; 7 |
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31 | 29 | | (3) "Political matters" means matters relating to: Elections for 8 |
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32 | 30 | | political office, political parties, legislation, regulation and the decision 9 |
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33 | 31 | | to join or support any political party or political, civic, community, 10 |
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34 | 32 | | fraternal or labor organization; and 11 |
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35 | 33 | | (4) "Religious matters" means matters relating to religious affiliation 12 |
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36 | 34 | | and practice and the decision to join or support any religious 13 |
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43 | 40 | | |
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44 | 41 | | (b) Except as provided in subsection (f) of this section, no employer, 15 |
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45 | 42 | | or agent, representative or designee of such employer shall require an 16 |
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46 | 43 | | employee to attend an employer-sponsored meeting with the 17 |
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47 | 44 | | employer or its agent, representative or designee, the primary purpose 18 |
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48 | 45 | | of which is to communicate the employer's opinion concerning 19 |
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49 | 46 | | political or religious matters, except that an employer or its agent, 20 |
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50 | 47 | | representative or designee may communicate to an employee any 21 |
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51 | 48 | | information concerning political or religious matters that the employer 22 |
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52 | 49 | | is required by law to communicate, but only to the extent of such legal 23 |
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53 | 50 | | requirement. 24 |
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54 | 51 | | (c) No employer, or agent, representative or designee of such 25 |
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55 | 52 | | employer, shall discharge, discipline or penalize, or threaten to 26 |
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56 | 53 | | discharge, discipline or penalize, any employee because the employee, 27 |
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57 | 54 | | or a person acting on behalf of the employee, makes a good-faith 28 |
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58 | 55 | | report, orally or in writing, of a violation or a suspected violation of 29 |
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59 | 56 | | the provisions of this section. The provisions of this subsection shall 30 |
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60 | 57 | | not apply when the employee knows that such report is false. 31 |
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61 | 58 | | (d) Any employee who is discharged, disciplined or penalized in 32 |
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62 | 59 | | violation of the provisions of this section may bring a civil action, not 33 |
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63 | 60 | | later than ninety days after the date of the alleged violation, in the 34 |
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64 | 61 | | superior court for the judicial district where the violation is alleged to 35 |
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65 | 62 | | have occurred or where the employer has its principal office. The court 36 |
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66 | 63 | | may award a prevailing employee all appropriate relief, including 37 |
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67 | 64 | | rehiring or reinstatement of the employee to the employee's former 38 |
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68 | 65 | | position, back pay and reestablishment of any employee benefits to 39 |
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69 | 66 | | which the employee would otherwise have been eligible if such 40 |
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70 | 67 | | violation had not occurred. The court shall award a prevailing 41 |
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71 | 68 | | employee treble damages, together with reasonable attorney's fees and 42 |
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72 | 69 | | costs. 43 |
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73 | 70 | | (e) Nothing in this section shall be construed to limit an employee's 44 |
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74 | 71 | | right to bring a common law cause of action against an employer for 45 |
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75 | 72 | | wrongful termination or to diminish or impair the rights of a person 46 |
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83 | 79 | | (f) Nothing in this section shall prohibit: (1) A religious organization 48 |
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84 | 80 | | from requiring its employees to attend a meeting sponsored by such 49 |
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85 | 81 | | religious organization or to participate in any communications with 50 |
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86 | 82 | | such religious organization or its agent, representative or designee, the 51 |
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87 | 83 | | primary purpose of which is to communicate such religious 52 |
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88 | 84 | | organization's religious beliefs, practices or tenets; (2) a political 53 |
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89 | 85 | | organization from requiring its employees to attend a meeting 54 |
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90 | 86 | | sponsored by such political organization or to participate in any 55 |
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91 | 87 | | communications with such political organization or its agent, 56 |
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92 | 88 | | representative or designee, the primary purpose of which is to 57 |
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93 | 89 | | communicate such political organization's political tenets or purposes; 58 |
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94 | 90 | | (3) an institution of higher education, or any agent, representative or 59 |
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95 | 91 | | designee of such institution, from meeting with or participating in any 60 |
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96 | 92 | | communications with its employees concerning political or religious 61 |
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97 | 93 | | matters that are part of the regular coursework or any symposia or 62 |
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98 | 94 | | academic program at such institution; (4) casual conversations 63 |
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99 | 95 | | between employees, between an employee and an employer or 64 |
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100 | 96 | | between an employee and an agent, representative or designee of an 65 |
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101 | 97 | | employer, provided participation in such conversations is not required 66 |
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102 | 98 | | and such conversations occur in the normal course of the employee's 67 |
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103 | 99 | | duties; (5) an employer from discussing legislation, regulations, 68 |
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104 | 100 | | executive orders or other government actions with an employee that 69 |
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105 | 101 | | may directly impact the employer's business, how the employer's 70 |
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106 | 102 | | business may be conducted or how an employee's work may be 71 |
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107 | 103 | | performed; or (6) a requirement limited to the employer's managerial 72 |
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108 | 104 | | and supervisory employees. 73 |
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109 | 105 | | This act shall take effect as follows and shall amend the following |
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110 | 106 | | sections: |
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111 | 107 | | |
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112 | 108 | | Section 1 October 1, 2019 New section |
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113 | 109 | | |
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