NLRB Prohibits Mandatory Captive Audience Meetings

By Allison Sues, JD, Senior Employment Law Counsel
Published December 3, 2024

On November 13, 2024, the National Labor Relations Board (“NLRB”) overruled a longstanding precedent, finding that an employer violates the National Labor Relations Act (“NLRA”) when it requires employees to attend meetings where the employer expresses its opposition to unionization. 

In the Amazon.com Services LLC and Dana Joann Miller case, the NLRB reasoned that these “captive-audience meetings” violate an employee’s rights under the NLRA because required attendance has a reasonable tendency to interfere with and coerce employees in the exercise of their Section 7 rights to freely decide whether to unionize or not. 

It is important to note that employers may still meet with their employees in the workplace and during working hours to express their views on unionization and urge employees against unionization. However, the meetings must be voluntary for the employees to attend. To be deemed voluntary, employers should ensure that they provide employees with reasonable advance notice of the meeting and disclose that the meeting will cover the employer’s view on unionization. 

Employers should also ensure employees that they will not face any discipline or loss of benefits if they opt out of the meeting. Finally, employers should inform employees that they will not keep any attendance records indicating which employees participated in the meeting or which employees opted out. 

The Amazon.com decision will be applied prospectively, meaning that employees may not claim NLRA violations for captive-audience meetings held prior to the NLRB releasing the Amazon.com decision. 

This decision may not last long under the Trump Administration, however, employers should exercise caution in holding captive-audience meetings to ensure they satisfy the requirements for being deemed voluntary. Employers should also remember that Illinois has also effectively banned captive-audience meetings beginning January 1, 2025. 

For more information about this law and others, register today for our Employment Law Update on December 11.

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