Hawaii Enacts Captive Audience Ban

Legal Update
Brought to you by: Hammett Health, Inc.
Hawaii Enacts Captive Audience Ban
 
On July 2, 2024, Hawaii enacted a captive audience ban, protecting workers from retaliation for refusing to attend meetings or listen to their employer’s speech on political matters. The new law also became effective on July 2, 2024.
 
Overview of the New Law
 
The new law prohibits employers from discharging, disciplining, or otherwise penalizing or threatening any adverse employment action against an employee because they decline to:
 
  • Attend or participate in an employer-sponsored meeting, or any portion of a meeting, that communicates the employer’s opinions about political matters; or
  • Receive or listen to a communication from the employer that communicates the employer’s opinions about political matters.
 
Under the new law, “political matters” means anything related to an attempt to influence a future vote made by individuals in an audience.
 
Exceptions
 
The new law does not prohibit an employer from conducting meetings or engaging in communications involving political matters as long as attendance by the employee is entirely voluntary.
 
Next Steps for Employers
 
To ensure compliance with the new law, employers may consider reviewing formal and informal meeting and communication practices. Employers may also consider training supervisors on their obligations and restrictions with respect to political speech.
 
 
 
Provided to you by Hammett Health, Inc.
 
 
 
Highlights
 
July 2, 2024
 
Hawaii’s captive audience ban, which prohibits employers from taking adverse employment actions against employees who refuse to attend meetings or listen to communications regarding the employer’s political views, took effect.
 
 
 
Hawaii employers may not require employees to listen to the employer’s opinions on political matters.
 
This Legal Update is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice. ©2024 Zywave, Inc. All rights reserved.
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