News & Analysis as of November 17, 2024

First Amendment › Free Speech › Employee Rights

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

2024 Brought Heightened Awareness of Political Speech in the Workplace

Whitman Legal Solutions, LLC on 11/7/2024

Employers will continue to difficult decisions about setting the tone and culture of their workplaces (which may involve taking a stand on political issues) and how to minimize business disruptions due to employee disputes....more

The Freedom—and Limits—of Political Speech in the Workplace

Dickinson Wright on 10/29/2024

With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

Managing Political Discussions in Florida’s Private Workplaces: What Employers Need to Know

FordHarrison on 10/15/2024

Introduction - As the election draws near, private (nongovernmental) employers in Tampa Bay face unique challenges regarding political speech in the workplace. While they have considerable flexibility to regulate political...more

Navigating Politics in the Workplace

CDF Labor Law LLP on 9/27/2024

In a state as diverse and politically active as California, employers are bound to encounter clashing political expressions among employees this election cycle. Navigating these challenges and enforcing policies affecting the...more

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on 9/12/2024

The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

Politics in the Workplace and the Risks of Social Media

Littler on 9/11/2024

In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more

Talking Politics Can Lead to Employer Liability

White and Williams LLP on 8/26/2024

This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and...more

Illinois Passes Law Limiting 'Captive Audience' Meetings

Kilpatrick on 8/16/2024

On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more

New Law Alert! Illinois Freedom of Speech Act and Limitations on Union (and Other Meetings)

FordHarrison on 8/7/2024

Real World Impact: The newly enacted Illinois Freedom of Speech Act prohibits employers in Illinois from requiring employees to participate in employer-sponsored meetings if the meeting is designed to communicate an...more

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler on 8/2/2024

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,...more

2024 Election – Can It Be A Hot Topic In Your Workplace?

Robinson+Cole Manufacturing Law Blog on 7/25/2024

With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

10 social media tips for employers and employees

Constangy, Brooks, Smith & Prophete, LLP on 6/28/2024

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

Navigating Politics in the Workplace

Goulston & Storrs PC on 6/6/2024

In this election year, employees inevitably will engage in discussions of the impactful and divisive political issues that are at the forefront of our national discourse. Employers must be aware of the ways in which political...more

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

Littler on 6/6/2024

The Utah legislature wrapped up its seven-week legislative session on March 1, 2024. In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed...more

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

McNees Wallace & Nurick LLC on 5/28/2024

May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

Littler on 3/6/2024

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on 1/17/2024

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Manufacturers’ Manual to Political Speech in the Workplace

Robinson+Cole Manufacturing Law Blog on 11/1/2023

As we approach election season, conversations about politics are quickly picking up across the country and in the workplace. Employers may be wondering how they can manage communications in the workplace....more

NLRB General Counsel Urges Board to Find Captive Audience Speeches are Unlawful

Franczek P.C. on 4/19/2022

For decades, employers have been permitted to hold mandatory meetings or “captive audience speeches” in response to union organizing campaigns to present the company’s position on unionization. On April 7, 2022, the National...more

Between a Rock and a Hard Place: Navigating Political Viewpoints in the Workplace

Venable LLP on 4/7/2022

As the midterm election season approaches, employers may already be dreading inevitable political disagreements at work and wondering how to prevent them. American politics have become more polarized over time, and strong,...more

New York District Court Permanently Enjoins Reproductive Health Notice of Rights Requirement for Employee Handbooks

Proskauer - Law and the Workplace on 4/1/2022

A Northern District of New York court has permanently enjoined the statewide requirement that employers include a notice of workers’ rights and remedies in their employee handbooks regarding the prohibition on discrimination...more

Politics in the Workplace: Understanding the Rights of Employees

Harris Beach PLLC on 2/12/2021

Following an election season like no other, and looking forward to this year’s election cycle, many individuals have started to reflect on the rights of employees to engage in the political process. This quick legal...more

Free Speech and Expression in the 2021 Workplace

Robinson+Cole Manufacturing Law Blog on 2/11/2021

While the presidential election may be in the past, conversations on political and social issues are not. As the new Presidential Administration takes the helm, the pandemic continues, and significant political division...more

How to Handle Workplace and Off-Duty Conduct in Politically Charged Times

Morris James LLP on 2/9/2021

The current US political environment is often regarded as the most antagonistic and polarized in living memory, and has created landmines for employers. Personal politics have become increasingly controversial, pervading...more

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Bradley Arant Boult Cummings LLP on 1/27/2021

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....more

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