
NLRA Preempts CEPA… What Does That Mean?
October 10, 2025September 26, 2025
By Ty Hyderally, Esq., Francine Foner Esq.
On September 3, 2025, Governor Phil Murphy signed into law a bill (A4429/S3302) which is aimed at protecting the right of employees to join or form a union and to prohibit employers from intimidating employees from exercising their freedom of political or religious affiliation.
As the Governor’s office announced in its press release regarding the new law, “This bill makes clear that employers cannot mandate employees participate in communications about certain political matters, including mandatory meetings regarding the decision to join or support a labor organization or association. Such mandatory meetings, often called “captive audience” meetings, are a tactic some employers use to try and dissuade and threaten employees from forming or joining a union.”
Not only does the new measure prohibit employers from compelling employees to attend captive audience meetings to dissuade them from joining or forming a union, but it also forbids employers from requiring employee attendance at meetings intended to convey the employer’s opinion about religious or political matters.
As Assemblyman Anthony Verrelli, Chair of the Assembly Labor Committee stated “This bill is about protecting workers’ rights and making sure every person is treated with respect and dignity in the workplace. Whether it’s how they’re going to vote in an election or if they want to join or participate in a union, they must be allowed the freedom to make their own decisions, free from intimidation. That’s what this legislation is all about, giving workers the confidence that their voices truly matter.”
The law contains some reasonable and practical exceptions to its prohibitions, including transmission by employers of legally required information, voluntary attendance by employees at employer-sponsored meetings provided that employees are notified that they have the right to refuse to attend such meetings without penalty, and required attendance at mandatory harassment or discrimination training sessions.
The new law also has real teeth. Employees who are discharged, disciplined or otherwise penalized, or even threatened with the same, for a good faith report of violation of the law or for refusing to participate in a prohibited meeting or communication, have the right to bring an action in New Jersey Superior Court for lost wages and reasonable attorney’s fees and costs. Employees may also be awarded punitive damages of up to three times their other damages. In addition, the law allows a vehicle for employees to seek reinstatement to the position they were discharged from.
The new law marks a welcome advance towards providing New Jersey employees with greater protections and stronger rights in the workplace.
The act takes effect 90 days after its enactment, or on December 2, 2025.
If you feel that you are the target of discrimination, harassment, whistleblower retaliation, or some other issue in the workplace, or if you have any questions regarding your rights as an employee, you should seek out an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-two (22) years!
En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice about your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.

