News & Analysis as of November 17, 2024

First Amendment › Hiring & Firing

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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 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 -

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/29/2024

Waves of mass layoffs during the past two years have generated a new trend: layoff influencers who use social media to vent feelings, get assistance with a job search, and find community with other laid-off workers. This...more

Federal Court Allows Ex-Teacher’s First Amendment Claim to Proceed to Trial

McNees Wallace & Nurick LLC on 7/25/2024

A jury will consider a former teacher’s (Mr. Moorehead) First Amendment claim against his former employer, a Pennsylvania School District (the “District”). The claim arose from Mr. Moorehead’s attendance at the “Stop the...more

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #3

Kaufman & Canoles on 6/19/2024

The U.S. Twirling Association and a coach must pay nearly $4.2 million to a baton twirler who was sexually assaulted as a minor during a sponsored international trip, a New York federal jury has found, saying the organization...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

When Employees Speak Out: An Employer’s Playbook for Responding to Controversial Opinions

Fisher Phillips on 12/7/2023

Many people feel emboldened to publicly share their views on all sorts of controversial topics these days – politics, international relations, religion, culture, or any number of other incendiary areas where there are bound...more

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Tucker Arensberg, P.C. on 6/2/2023

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Parker Poe Adams & Bernstein LLP on 5/4/2023

Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

Dinsmore & Shohl LLP on 4/26/2023

Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on 8/2/2022

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints...

Hinshaw & Culbertson - Employment Law... on 7/28/2022

Public employers have interests that differ from private employers. While both types of employers seek to increase their revenues, public employers have additional concerns that can take priority over short-term budgetary...more

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on 5/26/2022

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

Lowenstein Sandler LLP on 5/24/2022

Last week the New Jersey Appellate Division affirmed the dismissal of a lawsuit by an employee who alleged she had been wrongfully terminated based on her controversial Facebook post. In so doing, the court held that the...more

AB 5 Survives Challenge From Freelance Writers, Photographers

Manatt, Phelps & Phillips, LLP on 11/22/2021

Assembly Bill 5 regulates economic activity and not speech, the U.S. Circuit Court of Appeals for the Ninth Circuit recently held, affirming dismissal of a suit brought by freelance writers and photographers challenging the...more

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Gray Reed on 3/29/2021

Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...more

Ministerial Exception Doesn’t Cover Christian College Professors, But Does Cover Catholic School Principals?

Sherman & Howard L.L.C. on 3/12/2021

Even after the Supreme Court’s recent decision that the so-called “ministerial exception” barred employment discrimination claims brought by a pair of Catholic school teachers, lower courts continue to wrestle with the scope...more

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

Littler on 3/2/2021

A recent Ontario Superior Court of Justice decision indicates that it is challenging for employers to obtain an interim injunction requiring an employee to remove allegedly defamatory social media posts pending resolution of...more

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on 2/10/2021

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020....more

Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2021

Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...more

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First Amendment › Hiring & Firing

Laid-Off Workers Gain Influence on Social Media, Raising Concerns for Employers

Federal Court Allows Ex-Teacher’s First Amendment Claim to Proceed to Trial

K&C Sports & Entertainment Law Weekly Roundup - June 2024 #3

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

When Employees Speak Out: An Employer’s Playbook for Responding to Controversial Opinions

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Sixth Circuit Decision In Police Officer Termination Case Offers Valuable Insights for Public Employers in Addressing Complaints...

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Private Employer May Terminate Employee for Racially Insensitive Social Media Post

AB 5 Survives Challenge From Freelance Writers, Photographers

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Ministerial Exception Doesn’t Cover Christian College Professors, But Does Cover Catholic School Principals?

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

OWN’s Greenleaf Presents Ministerial Exception Issue

Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol...

COVID-19 and Unprecedented: Litigation Insights, Issue 33, November 2020

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

First Amendment › Hiring & Firing

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