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Free Speech Hiring & Firing

Does the Ban on Salary History Inquiries Violate the First Amendment? Ruling on Philadelphia Bill May Impact New York 

by Fisher Phillips on

On May 4, 2017, New York City joined the Commonwealth of Massachusetts and the City of Philadelphia when the Mayor signed legislation that bans employers from inquiring about the salary history of job applicants. These laws,...more

Effective Date of Philadelphia Wage Equity Bill Put on Hold

As you may recall, late last year we discussed a new Philadelphia law that banned private-sector employers from asking job applicants about their wage and fringe benefits history. The Wage Equity Bill, which was aimed at...more

Two New Rules for New York City Employers

by White & Case LLP on

Prohibition with Respect to Salary Histories - In an effort to combat gender pay inequality, New York City will join Philadelphia and Massachusetts in prohibiting employers from inquiring about the salary histories of...more

Texas Supreme Court Confirms Broad Scope of Anti-SLAPP Law

by Gray Reed & McGraw on

Back in late 2015, I wrote a five-part series on the Expanding Scope of the TCPA or Texas’ Anti-SLAPP law. The Supreme Court of Texas confirmed our analysis last week with its decision in the ExxonMobil v. Coleman confirming...more

See You In Court! - December 2016

by Shipman & Goodwin LLP on

The last game for the Nutmeg Knights couldn’t come fast enough for veteran Nutmeg Board of Education member Bob Bombast. A defensive tackle on the legendary 1984 team, Bob bleeds Nutmeg persimmon and gold and attends every...more

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

by Nossaman LLP on

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

2016 presidential election dynamics in the workplace: Free speech? ‘You’re fired’

by McAfee & Taft on

None of us are immune from this year’s presidential election dynamics. Disrespect and name-calling seem more prevalent than policy discussions. The election is highly polarizing, potentially pitting employee against...more

Political Speech in the Workplace

by Moore & Van Allen PLLC on

The upcoming presidential election between two larger-than-life characters, each capable of stirring intense emotional reactions from both sides, is sure to produce some spirited debate around the water cooler this fall. ...more

Can Social Media Posts Lead to Termination?

The short answer is “yes.” Employers are permitted to terminate employees based upon their social media posts. Some may be surprised by this. Many will claim that such a termination violates the employee’s “freedom of...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

by Littler on

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

Busting Employment Law Myths

by Zelle LLP on

Employment lawyers get to hear lots of great stories and lots of client opinions. That’s part of why we love our jobs. Many of the stories describe goofy or inappropriate employee behavior – and some include goofy or...more

Supreme Court Extends Public Sector Employees' First Amendment Rights

by BakerHostetler on

A public sector employee may now have a First Amendment and 42 U.S.C. § 1983 claim even where the public sector employee has not engaged in protected First Amendment political activity. This may be the case if a public...more

Cooling hot political buttons

by FordHarrison on

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation...more

Misread Signs: U.S. Supreme Court Finds Employer’s Mistaken Belief about Employee Supports Retaliation Claim

Is it still retaliation if your boss fired you for something you didn’t actually do? In Heffernan v. City of Paterson, New Jersey, the U.S. Supreme Court said yes—your boss’s mistake does not get him off the hook for the...more

Demotion Based on Mistaken Belief Deprives Public Employee of Constitutional Rights

by Best Best & Krieger LLP on

U.S. Supreme Court Decision in Case Involving Political Campaigning Accusations - A government agency violated the constitutional rights of an employee who was demoted based on the mistaken belief that he violated the...more

But I Didn’t Mean To! U.S. Supreme Court Says Employer Intentions Govern in First Amendment Retaliation Case

For government employers, disciplining and terminating employees can be especially difficult. Not only does the public employer face the same challenges in complying with the standard alphabet soup of employment laws that...more

Schilling Firing: Can You Fire An Employee for What They Say on Social Media?

by Cozen O'Connor on

This week ESPN fired pitcher-turned-broadcaster Kurt Schilling for an allegedly offensive tweet about the recently passed law in North Carolina requiring persons to use the restroom associated with the sex of their birth. As...more

Employment Law Letter - Spring 2016

by Shipman & Goodwin LLP on

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

Higher Education Highlights - Spring 2016

by Saul Ewing LLP on

Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more

Won’t You Please, Please Yelp Me?

by Cozen O'Connor on

Yelp, I need somebody - Yelp, not just anybody - Yelp, you know I need someone - Yelp! My apologies to the Beatles. But the notion that one can’t do it alone and expect to be protected, may just be an apt moral in today’s...more

Must An Employer Tolerate Truly Obnoxious Employee Speech That Is Not Job-Related?

There is a tenured professor at Florida Atlantic University School of Communications and Multi-Media Studies who has gained notoriety because of his public statements, including a blog, which claim that virtually every mass...more

As The Rotunda Turns . . . Affair, Coverup, Retaliation — And Lawsuit Against State House

You may have heard about the two Tea Party legislators in Michigan who were having an affair, engaged in a bizarre cover-up that failed, had to resign/were expelled, and then lost their election bids to get their seats back....more

Whistleblower Liability: Two Recent U.S. Supreme Court Rulings Could Have Major Implications for Employers

by Barley Snyder on

The United States Supreme Court’s 2013-14 docket featured a number of labor and employment law decisions warranting employers’ attention. Media headlines focused mostly on cases dealing with employers’ religious beliefs and...more

Not My Brother’s Keeper: Varley v. Regional School District No. 4 and A School District’s Responsibility For “Free Speech” Claims...

When entering into contacts with vendors, school districts hope that 1) the vendor will comply with the law, and 2) in any event, the vendor will be responsible for its own employment-related disputes. In Varley v. Regional...more

NLRB Concocts New F’ing Profanity Excuse

by Sherman & Howard L.L.C. on

In 2005, a Starbucks barista walked into his store with several co-workers while staroff duty. He was there to protest Starbucks’ policy concerning baristas wearing pro-union pins. A row ensued between the barista and an...more

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