Summary:

 House Bill 84 (HB 84) enacts the Free Speech Act, protecting employees’ free speech from captive audience speeches, and provides remedies for violations. 

Legislation Overview:

 House Bill 84 (HB 84) enacts the Free Speech Act, providing definitions for employee, employer, political matters, and retaliatory action. The Act protects employees who may refuse to attend an employer-sponsored meeting with the employer, or the employer's agent, representative or designee, to communicate political matters; or to listen to speech or view communications, including electronic communications, that communicate political matters. Retaliatory action, such as discriminatory or adverse employment action against an employee, including discharge of employment, discipline, suspension, demotion, withholding promotion, punitive scheduling, or reduced hours, is specifically prohibited. Employers who violate the provisions of the Act will be liable to the employee for actual damages, reinstatement with the same seniority status that the employee would have but for the violation, the total sum of gross wages or compensation lost as a result of the retaliatory action, and punitive damages. 

Employees have the right to bring an action in any court of competent jurisdiction, and if they prevail, are to be awarded reasonable attorney fees and costs. The law does not apply to any communication by employers that is required by law, that is necessary to direct job duties, or for post-secondary institutions, that is part of coursework, symposia or academic programs. Further, a religious corporation or organization is not prohibited from communicating on religious matters to those who perform work related to the corporation or organization. The law is also inapplicable to casual conversations, provided the conversation is not required, and also to requirements limited to the employer’s managerial and supervisory employees. 

Current Law:

 The New Mexico constitution currently protects free speech in general, stating that “every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.” 

Amendments:

 Amended February 21 in SJC

SJCa/HB 84: The Senate Judiciary Committee amendment to House Bill 84 makes the following changes:

1. On page 4, line 15, strike "or". 

2. On page 4, line 17, strike the period and insert in lieu thereof "; or". 

3. On page 4, between lines 17 and 18, insert: "(7) a political organization, political party organization, caucus organization or not-for-profit 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.