News & Analysis as of November 17, 2024

First Amendment › The National Labor Relations Act › 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

Illinois Makes Move to Ban Employer-Sponsored Meetings

Littler on 8/5/2024

For over 75 years, the National Labor Relations Board and courts (including the U.S. Supreme Court) have held the right of employees to make informed choices about unions is best served when employers share competing...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

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on 7/12/2024

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...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

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

The Scabby Saga Continues

Hinshaw & Culbertson - Employment Law... on 7/27/2021

The battle over Scabby the Rat took another turn on July 21, 2021, when the National Labor Relations Board issued its anticipated decision and order in International Union of Operating Engineers, Local 150 and Lippert...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

Setting the record straight on “free speech” rights in the workplace

McAfee & Taft on 1/13/2021

Freedom of Speech. Most Americans seem to agree it is the most fundamental of rights guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant...more

A Dealership’s Guide To Social Media, Free Speech, And The Election

Fisher Phillips on 11/2/2020

You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

Politics in the workplace: A volatile combination!

Constangy, Brooks, Smith & Prophete, LLP on 10/30/2020

On the eve of Election Day, what can employers do to keep their workplaces from exploding? What workplace speech is protected by the First Amendment or the National Labor Relations Act? When do political social media posts...more

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

Farella Braun + Martel LLP on 10/27/2020

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace. An...more

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