News & Analysis as of September 21, 2024

Hiring & Firing › Free Speech

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Federal Court Allows Ex-Teacher’s First Amendment Claim to Proceed to Trial

McNees Wallace & Nurick LLC on 7/25/2024

A jury will consider a former teacher’s (Mr. Moorehead) First Amendment claim against his former employer, a Pennsylvania School District (the “District”). The claim arose from Mr. Moorehead’s attendance at the “Stop the...more

Policing Social Media Posts – PA Appellate Court Prohibits Reinstatement of Kutztown University Police Officer

McNees Wallace & Nurick LLC on 5/28/2024

May 28, 2024Publications On May 1, 2024, the Pennsylvania Commonwealth Court vacated an arbitration award involving the Pennsylvania State System of Higher Education Officers Association (“Association”) and a former...more

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

Saiber LLC on 4/9/2024

On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Court Rules That Inflammatory Social Media Posts by a Public Employee Are Not Protected by the First Amendment

Tucker Arensberg, P.C. on 6/2/2023

Vallecorsa v. Allegheny Cty., No. 2:19-CV-1495-NR, 2022 U.S. Dist. LEXIS 206720, at *2 (W.D. Pa. Nov. 15, 2022). United States District Court for the Western District of Pennsylvania holds that Allegheny County (“County”) did...more

The Site Report - Construction Law Insights, Issue 4, April 2023

Spilman Thomas & Battle, PLLC on 5/1/2023

Here are the Top Risks for the Construction and Engineering Sector - “Business interruption/supply chain disruption and natural catastrophes are the top risks for the construction and engineering industry, followed by the...more

Ones to Watch: Legislation Landscape for 2023

Littler on 3/14/2023

Three months into the new legislative year, with all but a handful of state legislatures currently in session, clear employment law trends for 2023 have emerged. Some of the more significant trends reflect the country’s...more

[Webinar] Employment Law Panel 2023 - February 16th, 10:00 am - 11:00 am EST

Cranfill Sumner LLP on 1/25/2023

Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more

Developments From The 2022 Session of The Connecticut General Assembly Affecting Employers (UPDATED)

Pullman & Comley - Labor, Employment and... on 8/18/2022

We had originally written about employment-related legislation from the 2022 Regular Session of the Connecticut General Assembly in the aftermath of the conclusion of the session. The Aftermath: Developments from the 2022...more

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on 8/2/2022

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

The Aftermath: Developments from the 2022 Session of the Connecticut General Assembly Affecting Employers

Pullman & Comley - Labor, Employment and... on 6/22/2022

The 2022 Regular Session of the Connecticut General Assembly concluded on May 4, 2022. While not as groundbreaking as the two last full legislative sessions, and while many far-reaching bills that emerged from committee were...more

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

Genova Burns LLC on 5/26/2022

On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Falling Off the Fence: Can You Fire Those with Different Viewpoints?

Gray Reed on 3/29/2021

Ernest “Big Daddy” Bux’s daughter Kathy “Kitten” was working for Approval Literary Agency in Blessing, Texas – that is until last month. Kitten, an associate literary agent with Approval Literary was sacked after her boss...more

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

Littler on 3/2/2021

A recent Ontario Superior Court of Justice decision indicates that it is challenging for employers to obtain an interim injunction requiring an employee to remove allegedly defamatory social media posts pending resolution of...more

Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2021

Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...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

Dark Day For Hollywood – Law Prohibiting Online Publication Of Actors’ Ages Is Struck Down

Proskauer - California Employment Law on 8/4/2020

IMDb.com Inc. v. Becerra, 962 F.3d 1111 (9th Cir. 2020) - The Ninth Circuit has affirmed the district court’s grant of summary judgment in favor of IMDb.com, a website that lists, among other things, the actual ages of...more

Off-Duty Facebook Post Grounds For Termination Of Public Employee, Pennsylvania Supreme Court Rules

Fisher Phillips on 5/29/2020

(Public) employers rejoice! In a unanimous decision, the Pennsylvania Supreme Court just ruled that PennDOT did not violate an ex-employee’s free speech rights by firing her over a Facebook rant in which the ex-employee said...more

Third Circuit Upholds Philadelphia Wage History Ordinance

Cozen O'Connor on 2/21/2020

On February 6, 2020, the U.S. Court of Appeals for the Third Circuit upheld a City of Philadelphia ordinance that prohibits employers from inquiring after and/or relying upon a prospective employee’s wage history in any...more

California Freelance Writers and Photographers Challenge the Constitutionality of AB 5

Epstein Becker & Green on 12/24/2019

We have written previously about California’s new statute, referred to as AB 5, which codifies and expands the “ABC test” for independent contractors set forth in Dynamex Operations West, Inc. v. Superior Court....more

Electioneering at the Water Cooler: Protections and Pitfalls of Politics in the Workplace

Hinshaw & Culbertson LLP on 11/18/2019

With the 2020 U.S. Presidential Election less than a year away, political conversations and activities are seeping into almost every aspect of daily life—even the workplace. While discussions on the topic can be harmless,...more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Butler Snow LLP on 8/27/2019

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Supreme Court Justices Criticize School’s Discipline of Football Coach for Prayer During Game

Franczek P.C. on 1/28/2019

The Supreme Court recently declined to hear a case involving a public school district that fired its football coach for kneeling and praying on the football field after games. ...more

Ringing in the New Laws: 2019 California Employment Roundup

Vedder Price on 12/18/2018

As 2018 draws to a close, California employers have a busy new year ahead of them with expanded legal obligations. SB 1300 – Sexual Harassment Omnibus Bill—Under SB 1300, employers may now be held responsible for the acts...more

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

Best Best & Krieger LLP on 9/18/2018

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

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Hiring & Firing › Free Speech

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