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Committee advances employee free-speech bill after amendment; measure exempts some political organizations
Summary
The House Judiciary Committee voted to recommend a do-pass on House Bill 84, which would prohibit employers from retaliating against employees who refuse to attend employer communications about political matters, after adopting an amendment exempting certain political organizations.
The House Judiciary Committee approved an amended version of House Bill 84, the “employee free speech” bill, recommending a do-pass. The bill would prohibit an employer from taking retaliatory action against an employee who refuses to attend or listen to employer communications about political matters.
Labor-law expert Steven Curtis told the committee the measure does not bar employer speech but protects employees from being compelled to receive political communications at work. “The employer is free to engage in political speeches,” Curtis said. “What the employer can't do under the bill is retaliate against any employee who exercises his or her individual right to be free from that speech.”
Committee members debated scope and exemptions. The committee adopted an amendment that exempts political organizations, political parties and certain nonprofit tax categories (501(c)(4), (c)(5) and (c)(6)) from the prohibition, reasoning those organizations’ work is political by design and they should be able to communicate with staff about political aims.
Business groups and local government representatives testified in opposition or with concerns. Mark Allen, general counsel for New Mexico Counties, told the committee the bill is unnecessary for public employees and could hinder discipline and operations. The New Mexico Chamber of Commerce, the National Federation of Independent Business and hospitality industry representatives warned the bill’s definitions could be overbroad and could interfere with routine compliance communications, public-health information or diversity and inclusion training.
Labor and union witnesses urged approval. Andrew Palmer of Teamsters Local 492 and representatives from AFSCME and the New Mexico Federation of Labor said the bill protects workers from mandatory captive‑audience meetings that have been used in union‑organizing contexts.
After discussion the committee adopted the amendment and voted to recommend a do-pass as amended. The committee’s roll call, as recorded in the transcript, was recorded as six yes and four no; the clerk announced a due‑pass on HB 84 as amended.
