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The National Labor Relations Act › First Amendment › Free Speech

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

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Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

Foley & Lardner LLP

“Captive Audience” Bans: Employers Should Be Aware of This Trend

Foley & Lardner LLP on

As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more

Whitman Legal Solutions, LLC

2024 Brought Heightened Awareness of Political Speech in the Workplace

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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

Proskauer - Law and the Workplace

It’s Election Time: Time Off to Vote, Political Activities, and Political Speech in the Workplace

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With Election Day quickly approaching, it is the right time for employers to refresh themselves on the various protections that may exist for their employees when it comes to voting and other political activities. Below is...more

Dickinson Wright

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

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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

Amundsen Davis LLC

Election 2024: Dealing With Political Expression at Work

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“Harris Walz, Obviously.” “Trump 2024 – Take America Back.” These words are on signs that pepper front lawns and store fronts across the country. Consider what compels someone to make their stance so public. It’s because...more

ArentFox Schiff

New California Law – SB 399 – Potentially Limits Employers’ Free Speech Rights

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On September 30, California Governor Gavin Newsom signed into law SB 399, the “California Worker Freedom from Employer Intimidation Act.” SB 399, which goes into effect on January 1, 2025, will prohibit employers from holding...more

FordHarrison

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

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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

CDF Labor Law LLP

Navigating Politics in the Workplace

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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

Fisher Phillips

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

Fisher Phillips on

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

Mintz - Employment Viewpoints

Practical Policies for Politics: Some Guidelines for Managing Political Conflict in the Workplace

Mintz - Employment Viewpoints on

Political conflicts in the workplace will only grow as we near election day, and this means human resources professionals and in house counsel need to hone their conflict resolution skills.  Resolving political conflict in...more

Littler

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

Littler on

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

Robinson+Cole Manufacturing Law Blog

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

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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

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

Constangy, Brooks, Smith & Prophete, LLP on

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

Goulston & Storrs PC

Navigating Politics in the Workplace

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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

Littler

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

Littler on

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

FordHarrison

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

FordHarrison on

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

Fisher Phillips

Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

Fisher Phillips on

Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,...more

Robinson+Cole Manufacturing Law Blog

Manufacturers’ Manual to Political Speech in the Workplace

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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

Harris Beach PLLC

Five Tips for Employers During Election Season

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No one would blame employers for shunning politics in today’s landscape. Vitriol and partisanship are now par for the course and could quickly lead to workplace tension or worse. But there are reasons – both legal and in...more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

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The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Activism, Safety, and Support Amid Difficult Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations...more

Harris Beach PLLC

Connecticut Governor Signs Law Prohibiting Employer-Employee “Captive Audience” Communications

Harris Beach PLLC on

On May 17, 2022, Connecticut Governor Ned Lamont signed into law the so-called “captive audience” bill (Senate Bill 163), which prohibits employers from requiring their employees to (a) attend employer-sponsored meetings that...more

Franczek P.C.

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

Franczek P.C. on

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

Venable LLP

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

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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

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