Delaware employers can no longer require employees to attend company meetings about politics, religion or unionization, under a new state law that is effective immediately.
Why it matters: Delaware is now the 14th state to ban “captive audience” meetings, adding compliance complexity for multistate employers while the federal standard under the National Labor Relations Act remains unsettled.
The new law: HB 84 prohibits employers from firing or disciplining employees (or threatening the same) who decline to attend meetings or receive communications meant to convey the employer’s views on religious or political matters.
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The definition of “political matters” includes unionization. Consistent with other recently enacted “captive audience” laws, employer meetings on unionization are the true target.
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Under the bill text, an employee who is on the clock and opts out must still be paid for the duration of the meeting.
Legal challenges remain: ongoing lawsuits complicate the effectiveness of the recent wave of these types of laws. A federal court preliminarily blocked California’s version last year, finding it likely preempted by the National Labor Relations Act and unconstitutional under the First Amendment. Challenges in Connecticut and Minnesota were dismissed on standing grounds, leaving those laws on the books without resolving the core questions.
Federal standard in flux: the Biden-era NLRB similarly outlawed certain mandatory meetings in 2024. The current Republican-majority Board is likely to undo that ban, although that decision is likely months away at minimum. In the meantime, the federal ban, like its state counterparts, is being challenged in court. An outcome in that case may nix the ban before the NLRB itself gets there.
The bottom line: until a court or the NLRB says otherwise, employers must adhere to new state laws banning certain mandatory meetings.
What CHROs should consider:
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Avoid, where possible, mandatory meetings that may touch upon “religious” or “political” matters.
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Communicate to employees that meetings concerning such topics are voluntary, not mandatory (and update any relevant handbook rules to reflect the same).
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Use other avenues for effectively communicating the same information, such as email.
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Make sure your managers and supervisors are aware of all applicable captive audience meeting laws.
