Gov. Wes Moore signed the Maryland Worker Freedom Act (SB 417) into law earlier this spring, making Maryland the 14th state to enact what is commonly referred to as a “captive audience” meeting ban.

As of Oct. 1, employers cannot penalize employees who decline to attend mandatory meetings where the employer shares opinions on political or religious matters. With the effective date just months away, Maryland employers should start preparing to ensure compliance.

Key Provisions

The Maryland Worker Freedom Act makes it unlawful for an employer (or its agents, representatives, or designees) to discharge, discipline or otherwise penalize (or threaten to discharge, discipline or otherwise penalize), an employee, or to fail or refuse to hire a job applicant because the employee or applicant declines to attend, participate in or listen to employer-sponsored meetings concerning political or religious matters.

Notably, “political matters” and “religious matters” are broadly defined in the new legislation.

“Political matters” means:

• Elections for political office;
• Political parties;
• Proposals to change legislation, regulations, or public policy; or
• The decision to join or support a political party or a potential civic, community, fraternal, or labor organization.

“Religious matters” include religious belief, affiliation and practice and the decision to join and support a religious organization or association.

Exceptions

There are a few notable exceptions to the law. It does not prohibit employers from communicating information that they are legally required to provide to employees, such as OSHA safety notices and wage statements. Employers may also share information necessary for employees to perform their job duties, such as explaining how a pending regulatory change affects production schedules or training employees on how to respond to customer questions about the company’s practices.

Further, employers are not prohibited from holding meetings involving political or religious topics so long as attendance and participation are genuinely voluntary; a company could, for instance, host an optional lunch-and-learn on civic engagement without running afoul of the statute.

Certain categories of employers are also exempt from the law entirely, including religious organizations exempt from Title VII; political organizations communicating their political tenets; nonprofit tax-exempt training programs conducting mission-related instruction; educational institutions requiring coursework attendance; and employers conducting training required by federal or state law. Governmental units holding new employee orientations are likewise exempt.

Notice Requirement

Employers must notify their employees of the Act’s requirements and protections by: (1) displaying a poster or notice summarizing the rights established under the law in a conspicuous location accessible by all employees, and (2) providing the notice to each new employee on hiring. The Maryland Commissioner of Labor and Industry is required to develop and make available to employers a poster and model notice (in English and other commonly used languages) to comply with these requirements by Nov. 1. 

An employer’s failure to comply with this notice requirement will be considered an aggravating factor by the commissioner in assessing remedies and awarding relief under the Act.

Enforcement and Penalties

The Maryland Worker Freedom Act is enforced through an administrative complaint process. If an employee believes that an employer has violated the law, they may file a written complaint with the commissioner within 180 days of the alleged violation.

Upon receiving the complaint, the Commissioner will investigate and attempt to resolve the matter through mediation. If the mediation fails and a violation is confirmed, the Commissioner may assess civil penalties of up to $10,000 for an initial violation or up to $25,000 for a subsequent violation.

Beyond monetary penalties, the commissioner is also authorized to issue cease-and-desist orders and may award any other relief they determine is appropriate, including:

• injunctive relief;
• compensatory damages;
• reinstatement and back pay;
• restoration of benefits; and
• reasonable attorney’s fees and costs.

What Employers Can Do

It is worth noting that similar captive audience laws in other states have faced legal challenges on federal preemption and First Amendment grounds, with critics claiming such laws are preempted by the National Labor Relations Act. In 2024, the National Labor Relations Board banned captive audience meetings but the new Republican-controlled Board may seek reversal of that decision. Similar challenges may arise in Maryland and other states with captive audience laws, and employers should stay attuned to any litigation developments that could affect enforceability.

In the interim, employers can begin preparing for the Maryland Worker Freedom Act to take effect in October by:

• Reviewing internal communication practices and mandatory meeting policies, such as “all-hands sessions,” town halls and onboarding programs, for content that could be characterized as the employer’s opinion on political or religious matters.
• Reviewing any required meetings, presentations or communications that involve political or religious topics to confirm whether attendance or participation is mandatory and, where meetings touch on those topics, clearly separating mandatory content from voluntary discussions and documenting that attendance is optional.
• Training supervisors and recruiting staff not to discipline, threaten, penalize, refuse to hire or otherwise retaliate against employees or applicants who decline to attend or participate in mandatory meetings concerning political or religious matters.
• Drawing a clear line between entirely voluntary meetings —which are still permitted —and mandatory meetings that could implicate the Act’s protections.

Miles & Stockbridge’s labor and employment lawyers can help businesses navigate the Maryland Worker Freedom Act as well as its intersection with laws.

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