NLRB, Employment Policies, Free Speech

NLRB Outlaws Captive Audience Meetings

UB Greensfelder LLP on 11/15/2024

What employers should do to avoid violation - On November 13, 2024, the National Labor Relations Board (“NLRB” or “the Board”) ruled that captive audience meetings— mandatory employer-sponsored meetings attempting to...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

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

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

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

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

Holland & Knight LLP on 6/30/2022

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

Employee Activism, Safety, and Support Amid Difficult Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/30/2022

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

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

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

Political Speech in the Workplace (And What – If Anything – To Do About It)

Ward and Smith, P.A. on 10/21/2020

Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion. Many who do have jobs and bring those opinions into the workplace....more

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

McGlinchey Stafford on 10/16/2020

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Turbulence Ahead: Navigating Political Speech in the Workplace during an Election Year and Global Pandemic

Seyfarth Shaw LLP on 10/9/2020

Seyfarth Synopsis: In a tumultuous year full of social unrest, a pandemic, and a Presidential election, it is no wonder employers find themselves grappling with how—and whether—to regulate politics in the workplace. Options...more

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

Proskauer - Law and the Workplace on 10/5/2020

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

When Twitter Fingers Cross a Line: An Employer’s Guide to Navigating Offensive Off-Duty Employee Conduct

Miles & Stockbridge P.C. on 6/15/2020

You don’t need a legal blog to tell you that the country is in a state of extreme unrest regarding the killings of George Floyd, Ahmaud Arbery, Breonna Taylor and so many other Black people, at the hands of police and in...more

Board Overturns Purple Communications, Restores Employer Right to Restrict Email Use

Littler on 12/19/2019

On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes. The...more

NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems

Epstein Becker & Green on 12/18/2019

On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more

Free Speech or Belligerence? NLRB Reassessing the Threshold for When Otherwise Protected Activity Crosses the Line

Nilan Johnson Lewis PA on 11/4/2019

For employees boisterously raising employment-related concerns on behalf of a larger group, when might their words or actions be so hostile or offensive that they lose the protections of federal labor law? The National Labor...more

No, Unions Do Not Have A Free Speech Right To Engage In Unlawful Secondary Boycott Activity, Federal Appeals Court Rules

Proskauer - Labor Relations Update on 10/31/2019

On October 28, 2019, the Ninth Circuit, following in the footsteps of the D.C. Circuit and the Second Circuit, affirmed an order entered by the NLRB confirming that prohibitions on secondary boycotts under Section...more

Watch Your Mouth: The NLRB Invites Input on when Profane, Racial, or Sexual Language Crosses the Line

Littler on 9/10/2019

On September 5, 2019, over the dissent of one member, a majority of the National Labor Relations Board invited briefing to aid the Board in reconsidering the standards for determining whether “profane outbursts and offensive...more

Using a Cat to Chase the Inflatable Rat: NLRB General Counsel Urged Reconsideration of Board Precedent Regarding Banners and...

Proskauer - Labor Relations Update on 5/20/2019

Continuing its efforts to overturn precedent, the NLRB General Counsel’s Division of Advice has issued a new advice memorandum looking to strike at the most recognizable sign of unionism in urban areas today – – the...more

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