News & Analysis as of September 20, 2024

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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 -

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

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

Mintz - Employment Viewpoints on 9/5/2024

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

Talking politics: Is political speech in the workplace legally protected?

McAfee & Taft on 8/27/2024

With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during an...more

Political Discourse in the Workplace: Considerations for Employers

McNees Wallace & Nurick LLC on 8/14/2024

With a presidential election just around the corner, employers can expect to see an uptick in political discussions in the workplace, if they haven’t already. The days when coworkers typically refrained from discussing...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

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

Fisher Phillips on 12/12/2023

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

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

Court's Bench-slap of NLRB Whipsaws Employers, Unions, Arbitration, & Even the First Amendment

Sherman & Howard L.L.C. on 5/15/2023

The Eleventh Circuit Court of Appeals recently issued a decision that is highly critical of the NLRB, yet its end result promises significant mischief when it comes to employment litigation. International Brotherhood of...more

Five Tips for Employers During Election Season

Harris Beach PLLC on 11/7/2022

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

The Supreme Court - October 3, 2022

Dorsey & Whitney LLP on 10/4/2022

Today, on the first day of the new term, the Supreme Court of the United States granted certiorari in nine cases: Gonzalez v. Google LLC, No. 21-1333: Section 203(c)(1) of the Communication Decency Act shields an...more

Connecticut Bans Corporate Meetings about Politics

Wiley Rein LLP on 7/21/2022

Effective as of July 1, 2022, Connecticut law purports to grant an employee a statutory cause of action against his or her employer if the employer “subjects or threatens to subject any employee to discipline or discharge”...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

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

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

When an Employee’s Social Media Post Goes Viral

White and Williams LLP on 12/3/2021

For better or for worse, social media has become an important and all-consuming part of everyone’s lives, including your employees. Information can be shared instantly, with the ability to reach a wide audience in a short...more

Top Five Labor Law Developments For July 2021

Jackson Lewis P.C. on 8/23/2021

1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more

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