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Labor & Employment Constitutional Law

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

Protected Conduct or Hate Speech? Managing Diverse Viewpoints in the Workplace

by Akerman LLP - HR Defense on

Recent events have underscored the difficulties employers face in managing diverse workforces in which employees hold a wide-range of political perspectives. The mere discussion of the news of the day can create divisive...more

California Governor Vetoes Two Bills Related to Public Report of Gender Wage Differentials and Discrimination Based on...

Late Sunday afternoon, Governor Brown vetoed a proposal to impose a controversial new mandate for large California employers to collect and publicly report data about the salaries of male and female employees and board...more

Top Five Labor Law Developments For September 2017

by Jackson Lewis P.C. on

An employer violated the National Labor Relations Act when it discharged an employee who protested an unlawful confidentiality policy, even though the employee protested without the involvement of any coworkers, the U.S....more

An early Halloween trick for Connecticut's public-sector labor unions: Will Janus V. AFSCME, Co. 31 be the end of the agency shop?

Did Halloween come early this year? Well it just may have for Connecticut’s public-sector unions. On September 28th, the United States Supreme Court granted certiorari in Janus v. American Federation of State, County, and...more

Florida’s Minimum Wage to Increase on January 1, 2018

Florida voters approved a constitutional amendment that created Florida’s minimum wage in November of 2004. The minimum wage applies to all employees in the state covered by the federal minimum wage....more

Free Speech at Work: It Is Not What You Think It Is

On Wednesday, Tampa Bay Buccaneers defensive lineman Gerald McCoy made a comment about the ongoing National Anthem issue. McCoy stated: “I think it’s gonna be an uproar if that is to happen because you’re basically taking...more

All Rise (or Not)! A Flag, The National Anthem & Connecticut Law

by Shipman & Goodwin LLP on

“Joe, in response to all this NFL stuff, we want you to display U.S. flags at your workstation.” “No.” “Well, then you’re fired.”...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Regulating Speech at Work

by Pepper Hamilton LLP on

Q: Can a private employer limit its employees’ speech and political activity in the workplace? A: Yes, but not speech that is considered part of a “concerted activity.”...more

Courts Uphold Law Enforcement Officer’s Discharge For Racially Insensitive Posts

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection. However, the freedom of speech guaranteed...more

California Seeks to Restrict ICE Workplace Raids

by Latham & Watkins LLP on

Employers should take practical steps to comply with a new bill requiring them to demand search warrants from ICE agents. Key Points: ..Employers need to train facility heads to respond to ICE Agents seeking access to...more

Employee monitoring – avoiding pitfalls in a changing landscape

by White & Case LLP on

Recent developments in case law and regulatory guidance have emphasised the need for employers to be cautious when implementing systems to monitor employees....more

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

by Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

by Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

The Next Big Thing: Recruiting With Snapchat

by Fisher Phillips on

Forward-thinking businesses are using social media to further their recruiting efforts. They know that in order to communicate with Millennials, you have to speak their language. To that end, the latest social media platform...more

What Can and Can't You Do to Get Ready for Flu Season

by Snell & Wilmer on

As we get ready for flu season, employers are faced with the quandary of what to do when they want a healthy workplace in order to maintain productivity and morale, but still need to respect an individual employee’s beliefs...more

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

by Franczek Radelet P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

The Supreme Court - October 2, 2017

by Dorsey & Whitney LLP on

On Thursday, September 28, 2017, the Supreme Court granted certiorari in the following cases: Janus v. American Federation, No. 16-1466: Should Abood v. Detroit Board of Education, 431 U.S. 209 (1977), which held that it...more

Fair Share Fees on the Docket at the Supreme Court – Again

by Barley Snyder on

The Supreme Court of the United States has again elected to weigh-in on the permissibility of public-sector employee unions collecting “fair share” fees from non-union employees....more

Supreme Court Certiorari Grants: Fall 2017 Term

by Faegre Baker Daniels on

1. Freedom of Speech; Labor and Employment. Janus v. American Federation of State, County and Municipal Employees, No. 16-1466. May a government require its employees to pay agency fees to an exclusive representative for...more

Supreme Court to Revisit Constitutional Challenge to Public Union Agency Fees

by Ballard Spahr LLP on

The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more

Executives Behaving Badly: Can CEO Be Fired For Kathy Griffin Hate Speech?

by Lewitt Hackman on

Neighbors don’t always get along – not even affluent neighbors living in exclusive gated communities in Bel-Air. This was proven most recently, when the Huffington Post released security camera audio of Jeffrey Mezger...more

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

by Littler on

On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

SCOTUS Appears Ready To Deal Devastating Blow To Public Unions

by Fisher Phillips on

In a move that must have labor unions across the country trembling with fear, the Supreme Court today announced that it will once again take up the issue of whether public sector agency shop fee arrangements are prohibited by...more

Politics in the Workplace: Do NFL Players Have Freedom of Speech to Protest at Games?

by Payne & Fears on

It’s nearly impossible to turn on the TV and not hear something about the NFL player protests and whether such actions are protected speech under the First Amendment. While these protests started last season, they have grown...more

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