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PRIOR PRINTER'S NO. 53 PRINTER'S NO. 3056
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 64
Session of
2025
INTRODUCED BY KHAN, D. MILLER, DAWKINS, SIEGEL, GREEN, POWELL,
FRANKEL, MATZIE, HADDOCK, RABB, VENKAT, BENHAM, SANCHEZ,
PIELLI, HILL-EVANS, CIRESI, DONAHUE, SCHLOSSBERG, FIEDLER,
FREEMAN, OTTEN, INGLIS AND KENYATTA, JANUARY 14, 2025
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 23, 2026
AN ACT
Prohibiting the penalization of employees for nonparticipation
in religious or political matters; providing for notice
requirements; ESTABLISHING THE CAPTIVE AUDIENCE MEETING
ENFORCEMENT FUND; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Employee
Protection from Captive Audience Meeting Act.
Section 2. Scope of act.
This act relates to employee participation in meetings
relating to political matters or religious matters at their
place of employment.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Department." The Department of Labor and Industry of the
Commonwealth.
"EMPLOY." TO ENGAGE, SUFFER OR PERMIT TO WORK.
"Employee." An individual employed by an employer.
"Employer." A person or entity, including an agent,
representative or designee, that employs an employee. THE TERM
INCLUDES THE COMMONWEALTH, ANY OF ITS POLITICAL SUBDIVISIONS,
INCLUDING A PUBLIC SCHOOL ENTITY OR SCHOOL ENTITY, AND ANY
OFFICE, BOARD, COMMISSION, AGENCY, AUTHORITY, LOCAL
TRANSPORTATION ORGANIZATION OR OTHER INSTRUMENTALITY THEREOF.
"Interested party." An organization that monitors or is
attentive to compliance with State laws relating to public or
worker safety, wage and hour requirements or other labor issues.
"Political matter." A matter regarding an election for
political office, a political party, a proposal to amend State
law, a proposal to amend a regulation or a decision to join or
support a political party or a political, civic, community,
fraternal or labor organization.
"Religious matter." A matter regarding a religious belief,
affiliation or practice or a decision to join or support a
religious organization or association.
"SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE
COMMONWEALTH.
"Voluntary." Any of the following:
(1) Not incentivized by a positive change in an
employment condition, including a form of compensation or any
other benefit of employment.
(2) Not taken under threat of a negative change in an
employment condition for nonattendance, including a negative
performance evaluation, an adverse change in a form of
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compensation or an adverse change in any other benefit of
employment.
Section 4. Prohibition on penalizing employees for
nonparticipation in religious or political matters.
An employer or an agent, representative or designee of an
employer may not discharge, discipline or penalize, threaten to
discharge, discipline or penalize, or take adverse employment
action against an employee:
(1) because the employee declines to attend or
participate in an employer-sponsored meeting or declines to
receive or listen to a communication from the employer or an
agent, representative or designee of the employer if the
purpose of the meeting or communication is to transmit the
opinion of the employer about a religious matter or political
matter;
(2) as a means of inducing the employee to attend or
participate in a meeting or receive or listen to
communications specified under paragraph (1); or
(3) because the employee, including a person acting on
behalf of the employee, makes a good faith report, orally or
in writing, of a violation or suspected violation of this
section.
Section 5. Civil penalties.
(a) Right of action.--An employee aggrieved by a violation
of section 4 may bring an action against an employer in a court
of competent jurisdiction to enforce compliance with section 4.
The action must be brought no later than one year after the date
of the alleged violation. An employee may bring an action under
this section on behalf of the employee or multiple other
employees similarly situated as the employee.
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(b) Damages.--A court may award an employee prevailing in an
action under subsection (a) appropriate relief, including
injunctive relief, reinstatement of a former employment position
or an equivalent position, back pay, reestablishment of employee
benefits, including seniority, to which the employee would
otherwise have been eligible if the violation had not occurred
or any other appropriate relief as deemed necessary by the court
to make the employee whole. A court shall award an employee
prevailing in an action under this section reasonable attorney
fees and costs. Remedies provided for in this act are not
exclusive and shall be in addition to any other remedies
provided for in law.
SECTION 6. INVESTIGATION.
(A) AUTHORIZATION.--IF THE SECRETARY RECEIVES INFORMATION
INDICATING THAT THIS ACT MAY HAVE BEEN VIOLATED, THE SECRETARY
MAY INVESTIGATE THE MATTER.
(B) PERMITTED ACTIONS.--THE SECRETARY MAY TAKE ANY OF THE
FOLLOWING ACTIONS:
(1) ENTER AND INSPECT A WORKSITE OR PLACE OF BUSINESS AT
ANY REASONABLE TIME TO EXAMINE AND INSPECT RECORDS THAT
RELATE TO COMPLIANCE WITH THIS ACT.
(2) SUBPOENA WITNESSES, ADMINISTER OATHS, EXAMINE
WITNESSES AND COPY OR COMPEL THE PRODUCTION OF RECORDS,
CONTRACTS AND OTHER DOCUMENTS THAT ARE NECESSARY AND
APPROPRIATE TO THE ENFORCEMENT OF THIS ACT.
(3) PETITION COMMONWEALTH COURT TO ENFORCE ANY SUBPOENA
OR ORDER ISSUED BY THE DEPARTMENT.
Section 6 7. Administrative penalties.
(A) INVESTIGATION AFTER RECEIPT OF COMPLAINT.--The
department shall investigate an alleged violation of section 4
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in a complaint received from an employee or interested party.
The department shall develop a complaint form for the purposes
of this section and post the form on the department's publicly
accessible Internet website.
(B) TYPES OF PENALTIES AUTHORIZED.--IF, AFTER AN
INVESTIGATION, THE DEPARTMENT DETERMINES THAT THE EMPLOYER HAS
VIOLATED THIS ACT, THE DEPARTMENT SHALL:
(1) FOR A FIRST VIOLATION, BRING AN ADMINISTRATIVE
ACTION TO ASSESS A FINE OF UP TO $2,500 PER EMPLOYEE WHOSE
RIGHTS UNDER THIS ACT WERE VIOLATED.
(2) FOR A SECOND OR SUBSEQUENT VIOLATION, BRING AN
ADMINISTRATIVE ACTION TO ASSESS A FINE OF UP TO $5,000 PER
EMPLOYEE WHOSE RIGHTS UNDER THIS ACT WERE VIOLATED.
Section 7 8. Notice requirements.
Within (A) DUTY OF EMPLOYER.--NO LATER THAN 30 days after
the effective date of this section, an employer shall post and
maintain a notice of the rights of employees under this act
where notices for employees are customarily posted by the
employer.
(B) DUTY OF DEPARTMENT.--THE DEPARTMENT SHALL CREATE AND
POST, ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE, A NOTICE OF
THE RIGHTS OF EMPLOYEES UNDER THIS ACT. THE DOCUMENT PRODUCED BY
THE DEPARTMENT MAY BE USED BY EMPLOYERS TO MEET THE REQUIREMENTS
OF SUBSECTION (A).
Section 8 9. Construction.
Nothing in this act shall be construed to:
(1) prohibit a communication of information that the
employer is required by Federal or State law to communicate;
(2) limit the right of an employer or an agent,
representative or designee of an employer to conduct meetings
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involving a religious matter or political matter if
attendance is voluntary or to engage in a communication if
the receipt or listening of the communication is voluntary;
(3) limit the right of an employer or an agent,
representative or designee of an employer to communicate
information to an employee that is necessary for the employee
to perform the employee's required job duties;
(4) prohibit a requirement limited to the employer's
managerial and supervisory employees;
(5) prohibit an institution of higher education or an
agent, representative or designee of an institution of higher
education from conducting a meeting or participating in a
communication with an employee of the institution of higher
education concerning any coursework, symposia, research,
publication or academic program at the institution of higher
education; or
(6) prohibit a Commonwealth or municipal agency, the
General Assembly, a governing body of a municipality, a
county executive or any other State or local governing entity
from requiring an employee of the Commonwealth or municipal
agency, General Assembly, governing body of a municipality,
county executive or other State or local governing entity to
attend an employer-sponsored meeting or participate in a
communication with the employer for the purpose of
communicating the employer's proposals to change public
policy.;
(7) PROHIBIT AN EMPLOYER FROM REQUIRING ITS EMPLOYEES TO
TAKE ANTIDISCRIMINATION TRAINING, INCLUDING TRAINING
ADDRESSING RELIGIOUS DISCRIMINATION; OR
(8) PROHIBIT A LABOR ORGANIZATION FROM ACCESSING AN
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EMPLOYER'S EMPLOYEES IN THE WORKPLACE FOR PURPOSES OF
DISCUSSING MATTERS, INCLUDING MEMBERSHIP IN THE LABOR
ORGANIZATION, ACCORDING TO THE TERMS OF A COLLECTIVE
BARGAINING AGREEMENT.
SECTION 10. THE CAPTIVE AUDIENCE MEETING ENFORCEMENT FUND.
(A) ESTABLISHMENT.--THE CAPTIVE AUDIENCE MEETING ENFORCEMENT
FUND IS ESTABLISHED IN THE STATE TREASURY.
(B) SOURCE OF FUNDING.--ALL FINES IMPOSED AND COLLECTED
UNDER SECTION 7 SHALL BE DEPOSITED INTO THE CAPTIVE AUDIENCE
MEETING ENFORCEMENT FUND.
(C) USE OF FUND.--THE MONEY IN THE CAPTIVE AUDIENCE MEETING
ENFORCEMENT FUND IS APPROPRIATED ON A CONTINUING BASIS TO THE
DEPARTMENT FOR THE PURPOSE OF ENFORCING THIS ACT.
Section 9 11. Effective date.
This act shall take effect in 90 days.
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