Beginning October 1, 2026, Maryland employers will face new restrictions on mandatory workplace meetings concerning religious and political matters, including union organizing.
The Maryland Worker Freedom Act, Senate Bill 417, prohibits employers from taking or threatening adverse action against an employee who declines to attend, participate in, or listen to an employer-sponsored meeting at which the employer communicates its opinion regarding religious or political matters, including unionization. Employers also may not refuse to hire an applicant because the applicant declines to attend or participate in such a meeting.
Although these meetings are commonly referred to as “captive audience” meetings, the law does not prohibit employers from expressing their views on covered topics. Instead, employers must generally make attendance and participation voluntary and may not penalize employees who choose not to attend, participate in, or listen to communications during a covered meeting.
What Topics Does the Law Cover?
The law broadly defines “political matters” to include matters relating to:
- Elections for political office;
- Political parties;
- Proposals to change legislation, regulations, or public policy; and
- The decision to join or support a political party or a potential civic, community, fraternal, or labor organization.
Because the definition includes the decision to join or support a labor organization, the law applies to employer meetings and communications concerning union organizing. Maryland employers therefore may not discipline, discharge, threaten, or otherwise penalize employees who decline to attend, participate in, or listen to communications during meetings at which the employer communicates its views regarding unionization.
“Religious matters” include religious beliefs, affiliations, and practices, as well as the decision to join or support a religious organization or association.
What Communications Are Still Permitted?
The law does not prohibit employers from communicating with employees about religious or political matters altogether. Employers may continue to hold meetings involving these subjects if attendance and participation are voluntary.
Employers also may continue to:
- Communicate information they are required by law to provide; and
- Communicate information necessary for employees to perform their job duties.
The Act also does not apply to an employer to the extent it requires employees to undergo training necessary to comply with federal or state law, including training concerning civil rights and occupational safety and health requirements.
The law also contains limited exceptions for certain religious and political organizations, educational institutions, nonprofit training programs, and governmental units.
Employers relying on voluntary meetings should clearly communicate that attendance and participation are optional. Managers should also be instructed that employees who decline to attend, or who leave or decline to participate, must not experience any adverse consequences. Scheduling practices, attendance records, compensation decisions, and follow-up communications should be reviewed to ensure that a meeting described as voluntary is not treated as mandatory in practice.
Enforcement and Potential Penalties
An employee who believes an employer violated the law may file a written complaint with the Maryland Commissioner of Labor and Industry within 180 days of the alleged violation. The Commissioner must investigate the complaint and attempt to resolve the matter through mediation.
If the matter is not resolved and the Commissioner determines that a violation occurred, the Commissioner may assess:
- A civil penalty of up to $10,000 for an initial violation;
- A civil penalty of up to $25,000 for a subsequent violation;
- A cease-and-desist order;
- Injunctive relief;
- Compensatory damages;
- Reinstatement, back pay, interest, and restoration of benefits; and
- Reasonable attorneys’ fees and costs.
The Commissioner may also seek enforcement of an order in Maryland circuit court.
New Posting and Notice Requirements
The law requires employers to notify employees of its protections by displaying an official poster where employee notices are customarily posted or in another conspicuous place accessible to all employees. Employers must also provide the model notice to each new employee at the time of hire.
The Maryland Commissioner of Labor and Industry must make the required poster and model notice available by November 1, 2026. Employers should monitor the Maryland Department of Labor’s website for publication of these materials and incorporate the notice into their onboarding process once it becomes available.
Failure to comply with the notice requirements may be treated as an aggravating factor when the Commissioner determines the appropriate relief for another violation.
Potential Legal Challenges
Similar laws in other states have faced constitutional and federal preemption challenges. Before the Maryland legislation was signed, the Maryland Attorney General identified potential issues under the First Amendment and the National Labor Relations Act, particularly as the law applies to communications concerning unionization.
The Attorney General nevertheless concluded that the legislation was not clearly unconstitutional and could be signed into law. Unless a court enjoins or invalidates the law, Maryland employers should prepare to comply beginning October 1, 2026, while continuing to monitor any litigation or agency guidance affecting its enforcement.
What Should Maryland Employers Do Now?
Before the law takes effect, Maryland employers should:
- Review policies and practices governing mandatory employee meetings and workplace communications;
- Identify meetings, presentations, trainings, and written communications that may involve political, religious, or union-related subjects;
- Establish procedures for making attendance and participation voluntary when required;
- Train supervisors and managers not to penalize or threaten employees who decline to attend, participate in, or listen to covered communications;
- Review recruiting practices to ensure applicants are not disadvantaged for declining to participate in covered meetings;
- Monitor the Maryland Department of Labor for the required poster and model notice; and
- Update onboarding materials to provide the model notice to new employees once it becomes available.
The attorneys at Martenson, Hasbrouck & Simon LLP are available to help employers evaluate their workplace communications and meeting practices, update policies and training materials, and prepare for compliance with the Maryland Worker Freedom Act.
This article is intended for informational purposes only and does not constitute legal advice.