New Mexico 2025 Regular Session

New Mexico House Bill HB84 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 84
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Eleanor Chávez
48	48	AN ACT
49	49	RELATING TO EMPLOYMENT; ENACTING THE EMPLOYEE FREE SPEECH ACT;
50	50	PROTECTING EMPLOYEE FREE SPEECH FROM CAPTIVE AUDIENCE SPEECHES;
51	51	PROVIDING REMEDIES FOR VIOLATIONS OF EMPLOYEE FREE SPEECH.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
54	54	cited as the "Employee Free Speech Act".
55	55	SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the
56	56	Employee Free Speech Act:
57	57	A. "employee" means an individual employed by an
58	58	employer for remuneration, including an individual employed on
59	59	a part-time, seasonal or temporary basis;
60	60	B. "employer" means any individual, partnership,
61	61	association, corporation, business trust, legal representative
62	62	or organized group of persons employing one or more employees
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90	90	in the state at one time, including the state or any political
91	91	subdivision of the state, or a person acting in the interest of
92	92	an employer in relation to an employee;
93	93	C. "political matters" means matters relating to
94	94	elections for political office, political parties, attempts to
95	95	influence legislation, rule or regulation change proposals and
96	96	the decision to join or support a political party or a
97	97	political organization, civic organization, community
98	98	organization, fraternal organization or labor organization; and
99	99	D. "retaliatory action" means taking any
100	100	discriminatory or adverse employment action against an employee
101	101	in the terms and conditions of employment, including discharge
102	102	of employment, discipline, suspension, demotion, withholding
103	103	promotion, punitive scheduling or a reduction of hours.
104	104	SECTION 3. [NEW MATERIAL] RETALIATORY ACTION
105	105	PROHIBITED.--
106	106	A. Except as provided in Subsection D of this
107	107	section, an employer shall not take or threaten to take any
108	108	retaliatory action against an employee because of the
109	109	employee's refusal to:
110	110	(1) attend an employer-sponsored meeting with
111	111	the employer, or the employer's agent, representative or
112	112	designee, to communicate political matters; or
113	113	(2) listen to speech or view communications,
114	114	including electronic communications, that communicate political
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143	143	matters.
144	144	B. An employer that violates the provisions of the
145	145	Employee Free Speech Act shall be liable to the employee for
146	146	actual damages, reinstatement with the same seniority status
147	147	that the employee would have but for the violation, the total
148	148	sum of gross wages or compensation lost as a result of the
149	149	retaliatory action and punitive damages.
150	150	C. An employee bringing an action against an
151	151	employer pursuant to Subsection A or B of this section shall,
152	152	if the employee prevails, also be awarded reasonable attorney
153	153	fees and costs. An employee may bring an action in any court
154	154	of competent jurisdiction.
155	155	D. Nothing in the Employee Free Speech Act shall
156	156	prohibit:
157	157	(1) an employer, or the employer's agent,
158	158	representative or designee, from communicating to the
159	159	employer's employees any information that the employer is
160	160	required by law to communicate;
161	161	(2) an employer, or the employer's agent,
162	162	representative or designee, from communicating to the
163	163	employer's employees any information that is necessary for such
164	164	employees to perform their job duties;
165	165	(3) a public or private post-secondary
166	166	educational institution, or an agent, representative or
167	167	designee of a public or private post-secondary educational
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196	196	institution, from meeting with or participating in any
197	197	communications with the post-secondary educational
198	198	institution's employees that are part of coursework, symposia
199	199	or an academic program at a public or private post-secondary
200	200	educational institution;
201	201	(4) a religious corporation, entity,
202	202	association, educational institution or society from
203	203	communicating on religious matters to employees who perform
204	204	work connected with the activities undertaken by the religious
205	205	corporation, entity, association, educational institution or
206	206	society;
207	207	(5) a casual conversation between employees or
208	208	between an employee and an employer's agent, representative or
209	209	designee; provided that participation in the casual
210	210	conversation is not required; or
211	211	(6) a requirement limited to the employer's
212	212	managerial and supervisory employees.
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214	214	.229342.1