NFIB argues law is unconstitutional and violates the NLRA
SAINT PAUL, Minn. (Feb. 20, 2024) – NFIB filed a lawsuit at the U.S. District Court for the District of Minnesota concerning the state’s ‘captive audience’ law. The law subjects Minnesota employers to civil liability when they exercise their constitutional and statutory rights to talk to employees about political matters, which the law broadly defines to include elections, candidates for office, the impact of laws or regulations on the business, and the joining or support of civic, community, or labor organizations. NFIB argues the law is unconstitutional and violates the National Labor Relations Act (NLRA).
“Minnesota small business owners are concerned this law will risk their ability to communicate with their employees on important matters that impact their operations,” said John Reynolds, NFIB Minnesota State Director. “Small employers depend on their constitutional right to communicate freely with their employees, and they are concerned this law unreasonably limits open communication between employers and employees.”
“This law is a clear example of government overreach that negatively impacts employers throughout the state,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “We ask the District Court of Minnesota to consider the small business perspective and hold that the law is unconstitutional and preempted by the NLRA.”
NFIB filed the lawsuit with the Associated Builders and Contractors Minnesota/North Dakota Chapter and the Laketown Electric Corporation.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.
