Minnesota Department of Labor and Industry Unveils Captive Audience Poster

By Martin D. Kappenman and David E. Goldman - Peters & Kappenman, P.A.

October 7, 2024

The Captive Audience Law
 
Pursuant to Minn. Stat. 181.531, Minnesota employers may not discharge, discipline, or otherwise penalize or threaten to discharge, discipline, or otherwise penalize or take any adverse employment action against an employee: (1) for declining to attend or participate in an employer-sponsored meeting or for declining to attend or participate in communications from the employer if the communication is to communicate the opinion of the employer about religious or political matters; (2) as a means of inducing an employee to participate in or attend a meeting described in clause (1); or (3) because the employee makes a good faith report or complaint of a violation or suspected violation of this law.
 
Political matters are defined as, “matters relating to elections for political office, political parties, proposals to change legislation, proposals to change regulations, proposals to change public policy, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.” Further, religious matters are defined as, “matters relating to religious belief, affiliation, and practice and the decision to join or support any religious organization or association.”
 
This law does not prohibit the employer from: (1) communicating information that is required by law; communicating religious or political matters so long as employee attendance is voluntary; and communicating information or requiring attendance at meetings that are necessary for employees to perform their lawfully required job duties.
 
The Captive Audience Poster
 
As part of the May 2024 legislative session, the legislature added a provision to the law requiring the commissioner of labor and industry to develop an educational poster displaying the rights of employees pursuant to this law. That poster has been developed and can be found here. The poster can also be found in Chinese, Hmong, Somali, and Spanish. The poster is required to be displayed as of October 1, 2024.
 
Legal Challenges
 
It should be noted that this law faces significant legal challenges. In February of this year, business groups and an employer filed a complaint challenging the law. That case is currently ongoing.  

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