Maryland Legislation Update: "Captive Audience" Meetings
by David Sotolongo and Glen Bittenbender
On April 28, 2026, Governor Wes Moore signed the Maryland Worker Freedom Act (Md. Lab. & Emp. Code Ann. § 3-718) into law, prohibiting private employers from threatening to or actually firing, disciplining, or refusing to hire employees and job applicants who refuse to attend or participate in employer-sponsored meetings during which the employer (or its agent) voices its opinions on religious or political matters. The law took effect on October 1, 2026.
“Religious” and “Political Matters” Defined
“Religious matters” is defined as matters relating to religious belief, affiliation, and practice or the decision to join and support a religious organization or association. “Political matters” is similarly broadly defined as including matters relating to elections, political parties, proposals to change laws or regulations, and the decision to join or support a labor organization.
“Captive Audience” Meetings
As implied by the above, meetings in which employers force their employees to receive anti-unionization messages—commonly referred to as “captive audience” meetings—are prohibited by the law.
Notably, it was only in 2024 that the National Labor Relations Board (NLRB) ruled in Amazon.com Services LLC that such captive audience meetings are unlawful under the National Labor Relations Act (NLRA). However, as noted in a memorandum published by the NLRB General Counsel regarding her priorities, her office has already submitted a motion to the NLRB that it reverse its decision holding captive audience meetings unlawful under the NLRA. Given that the NLRB is now operating with a 3-1 Republican majority, compared to the Democratic majority when it issued the 2024 decision, a reversal of the Amazon.com Services LLC decision would be unsurprising.
Maryland is now one of about sixteen states with a law on the books that bans captive audience meetings. However, California’s ban on captive audience meetings (Cal. Lab. Code § 1137) has been at least temporarily prevented from going into effect by the U.S. District Court for the Eastern District of California, which concluded that the law was likely both preempted by the NLRA and a violation of employers’ right to free speech. It remains to be seen how that case will ultimately conclude, or how other courts may rule on similar lawsuits against other states’ captive audience meeting bans.
Notices and Posters
The Maryland Worker Freedom Act requires employers to notify their employees of their rights and protections under the Act. Employers must place a poster detailing these rights in a spot where notices are commonly posted or somewhere conspicuous that all employees can access. Employers must also provide this notice to new hires. Copies of this notice have been made available in English and Spanish by the Maryland Commissioner of Labor and Industry on its website, which also states that employers must begin complying with the notice requirements of the Act by November 1, 2026.
Exemptions
The following organizations and programs are exempt from the Maryland Worker Freedom Act:
Religious organizations or schools or universities exempt from Title VII of the Civil Rights Act of 1964;
Political organizations communicating their own political beliefs or goals;
Educational institutions where political or religious matters are part of the curriculum;
Nonprofit programs requiring class instruction, community service, or fieldwork regarding religious or political matters as they relate to the program’s mission;
Employers who require training to comply with federal or state law; and
Governmental offices holding a new employee orientation.
The Act clarifies that it does not prohibit employers from sending employee communications that are required by law or that are necessary for employees to do their jobs, and also states that employers may conduct meetings that involve religious or political matters if attendance and participation are voluntary.
Penalties
Employers face serious financial penalties for violating the Maryland Worker Freedom Act. Employers can face fines of up to $10,000 for their first violation and up to $25,000 for subsequent violations. The Commissioner can also award injunctive relief, compensatory damages, and affirmative relief including reinstatement, backpay with interest, and reasonable attorneys’ fees to aggrieved parties. Failure to comply with the notice requirements will be viewed as an aggravating factor.
Employer Takeaways
Covered employers should make sure that all supervisors are aware of this law and that they may not require employees to attend any meeting where the employer’s opinions on religious or political matters are offered.
To the extent a covered employer wishes to convey its opinions on religious or political matters to its employees during meetings, any invitations to such meetings should state that attendance is completely voluntary and that no employee will be disciplined for declining to attend or otherwise participate in such meetings.
Employers should print out and post the required notice in a conspicuous place frequented by many employees to inform them of their rights under the Act, and also be sure to provide employees with the notice upon hire.
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