HB 84 — EMPLOYEE FREE SPEECH ACT

HOUSE BILL 84 5757TH THLEGISLATURE LEGISLATUR- STATE OF NEW MEXICO - STATEOFNEWMEXICO- FIRST SESSIO,SESSION, 2025 INTRODUCED BY Eleanor Chávez and Katy M.

Duhigg and Janelle Anyanonu and Yanira Gurrola and Sarah Silva 7This 9document ANmay ACTincorporate RELATINGamendments TOproposed EMPLOYMENT;by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.

AN ACT h RELATING TO EMPLOYMENT;

g o PROTECTING EMPLOYEE FREE SPEECH FROM CAPTIVE AUDIENCE SPEECHES;

t hr g e i k PROVIDING REMEDIES FOR VIOLATIONS OF EMPLOYEE FREE SPEECH.

15h r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e u g e b l e e h SECTION 1.

[NEW MATERIAL] SHORT TITLE.--This act may be en td 17d i = = o h cited as the "Employee Free Speech Act".

w l n] db 18,d i a º e SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the =r i = 19r t e w d m a ln o Employee Free Speech Act:

id am e: r 20 A.

"employee"b meanse and individuals employedº byo ant an t= m.229342.1AIC mFebruary 2123, employer2025 for(8:57am) remuneration,s includingk anm individuale employede ona n e d r e 22l au part-time,[ seasonalA ord temporaryA. basis;

c"employee" emeans san kindividual 23employed B.by an employer for remuneration, including an individual employed on a part-time, seasonal or temporary basis;

"employer"B. means any individual, partnership, e a n b 24 association, corporation, business trust, legal representative u [ or organized group of persons employing one or more employees .229342.1 in the state at one time, including the state or any political subdivision of the state, or a person acting in the interest of an employer in relation to an employee;

"employer" means any individual, partnership, association, corporation, business trust, legal representative or organized group of persons employing one or more employees in the state at one time, including the state or any political subdivision of the state, or a person acting in the interest of an employer in relation to an employee;

"retaliatory action" means taking any h discriminatory or adverse employment action against an employee u » r in the terms and conditions of employment, including discharge t h g e l i of employment, discipline, suspension, demotion, withholding h r i s promotion, punitive scheduling or a reduction of hours.

h , e h SECTION 3.

[NEW MATERIAL]MATERIAL ] RETALIATORY ACTION PROHIBITED.--t u g e tb 17l e e , gh PROHIBITED.-- n d d i = = o h A.

Except as provided in Subsection D of this w l n] db 18,d i a º r section, an employer shall not take or threaten to take any =e r = 19t e w d m a ln o retaliatory action against an employee because of the id am e: r 20 employee's refusal to:

ab r e t mº mo 21t (1)n attend= an.229342.1AIC employer-sponsoredFebruary meeting23, with2025 d(8:57am) rs ek 22m thee employer,- or2 the- employer'se agent,a representativen ore cd r e sl ku 23[ designee,A tod communicateemployee's politicalrefusal matters;to:

or(1) eattend aan nemployer-sponsored bmeeting 24with (2)the listenemployer, to speech or viewthe communications,employer's uagent, [representative includingor electronicdesignee, communications,to that communicate political .229342.1matters; - 2 - matters.

or (2) listen to speech or view communications, including electronic communications, that communicate political matters.

An employee bringing an action against an employer pursuant to Subsection A or B of this section shall, if the employee prevails, also be awarded reasonable attorney h fees and costs.

An employee may bring an action in any court g o t hr of competent jurisdiction.

g e i k D.

Nothing in the Employee Free Speech Act shall h r i s prohibit:

h , t, (1) an employer, or the employer's agent, e u g e b l e e h representative or designee, from communicating to the en td 17d i = = o h employer's employees any information that the employer is w l n] db 18,d i a º e required by law to communicate;

=r i = 19r at le (2)w and employer,m or the employer's agent, i a en ro 20(2) representativean employer, or designee, from communicating to the a t m m 21 employer's employeesagent, any information that is necessary for such d rm e: 22 employees to perform their job duties;

cb e d s kº 23o (3)t a public or private post-secondary e a n b= 24.229342.1AIC educationalFebruary institution,23, or2025 an(8:57am) agent,s representativek orm ue [- designee3 of- e a publicn ore privated post-secondaryr educationale .229342.1l -u 3[ -A institution,d fromrepresentative meeting with or participatingdesignee, infrom anycommunicating communicationsto with the post-secondaryemployer's educationalemployees institution'sany employeesinformation that areis partnecessary offor coursework,such symposiaemployees orto anperform academictheir programjob atduties; a public or private post-secondary educational institution;

(4)(3) a religiouspublic corporation,or entity,private association,post-secondary educational institutioninstitution, or societyan fromagent, communicatingrepresentative onor religiousdesignee mattersof toa employeespublic whoor performprivate workpost-secondary connectededucational institution, from meeting with theor activitiesparticipating undertakenin byany communications with the religiouspost-secondary corporation,educational entity,institution's association,employees educationalthat institutionare part of coursework, symposia or society;an academic program at a public or private post-secondary educational institution;

(5)(4) a casualreligious conversationcorporation, betweenentity, employeesassociation, educational institution or betweensociety anfrom employeecommunicating andon anreligious employer'smatters agent,to representativeemployees who perform work connected with the activities undertaken by the religious corporation, entity, association, educational institution or designee;h society;

providedu that» participationr in(5) thea casual conversation isbetween notemployees required;or t h g e l i between an employee and an employer's agent, representative or h r i s designee;

orprovided (6)that aparticipation requirementin limitedthe tocasual theh employer's, e th 17conversation managerialis andnot supervisoryrequired; employees.

wHJCº lor»HJC nt du 18g -e 4b -l =e =e 19, agh l(6) i a erequirement rlimited 20to athe temployer's mn md 21 d ri e= 22= co eh smanagerial kand 23supervisory eemployees aHJCº n.»HJC bHJCº; 24 u [ .229342.1

or»HJC l ] b ,d i a º r HJCº(7) a political organization, political e r = t e w d m a n o party organization, caucus organization or not-for-profit d m :

b r e t º o t n = .229342.1AIC February 23, 2025 (8:57am) s k m e - 4 - e a n e d r e l u [ A d organization with tax-exempt status pursuant to Section 501(c)(4), 501(c)(5) or 501(c)(6) of the federal Internal Revenue Code of 1986, as amended, from requiring staff or employees to attend an employer-sponsored meeting or participate in any communication with the employer or the employer's agent, representative or designee for the purpose of communicating the employer's political tenets or purposes.»HJC - 5 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .229342.1AIC February 23, 2025 (8:57am) s k em e e a n e d r e l u [ A d