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First Amendment › Unions

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 -
Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

Tucker Arensberg, P.C.

Federal Court Refuses to Dismiss Claims Brought Under Pennsylvania’s Criminal History Record Information Act (“CHRIA”)

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Deivert v. Zartman and Borough of Northumberland, 2025 WL 83747 (M.D.Pa. 2025) - (Neither a municipality nor a municipal manager had immunity under the Pennsylvania Political Subdivision Tort Claims Act (“PPSTCA”) for the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Blaming Union for Delay in Pay Increases Violates NLRA

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Unionization campaigns often become heated, resulting in claims and criticism by both management and organized labor that walk a fine line between protected speech and illegal intimidation....more

Proskauer - Labor Relations Update

Oregon’s Cannabis Labor Peace Law Struck Down

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On May 20, 2025, a federal district court in Oregon issued a landmark decision invalidating Measure 119, also known as the United for Cannabis Workers Act. This law, approved by Oregon voters in November 2024 and effective as...more

Sheppard Mullin Richter & Hampton LLP

Oregon Federal Judge Strikes Down State Law Requiring Labor Peace Agreements for Cannabis Licensure and Certification – OLCC Will...

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On Tuesday May 20, 2025, U.S. District Judge for the District of Oregon, Michael H. Simon issued a decision in Casala LLC, d/b/a Bubble’s Hash and Rec Rehab Consulting LLC, d/b/a Ascend Dispensary v. Tina Kotek, in her...more

Shipman & Goodwin LLP

Oregon Labor Peace Agreement Requirement Struck Down as Preempted by NLRA

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On May 20, 2025, the United States District Court for the District of Oregon held that the labor peace agreement (“LPA”) mandate, Measure 119, which requires all state-licensed cannabis businesses to sign a labor peace...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

North Carolina Bill Would Expand Workplace Violence Prevention Act

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North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass...more

Ballard Spahr LLP

Coalition for a Democratic Workplace Urges US Attorney General to Unilaterally Override Biden-Era NLRB Decisions

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The Coalition for a Democratic Workplace (CDW) – an association of several hundred employers and employer associations – sent letters to US Attorney General Pam Bondi to direct the National Labor Relations Board (NLRB) to...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

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As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

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As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

Littler

The NLRB Decision on Mandatory Employer Meetings Has Other, Less Obvious Implications for Employers

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The recent NLRB decision finding that mandatory employer meetings involving unionization discussions are unlawful includes other points that will affect employers....more

Littler

NLRB Jettisons 76-Year-Old Precedent Covering Workplace Meetings

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Since 1948, Section 8(c) of the National Labor Relations Act (NLRA) had been interpreted to protect the First Amendment right of employers to bring employees together to exchange views, arguments, and opinions about...more

Stinson LLP

After 76 Years, the NLRB Declares Captive-Audience Meetings Unlawful

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On November 13, 2024, the National Labor Relations Board (NLRB) held in Amazon.com Services LLC, 373 NLRB No. 136, that "captive-audience" meetings are unlawful under the National Labor Relations Act (NLRA). Specifically, the...more

Amundsen Davis LLC

NLRB Bans Mandatory Captive Audience Meetings to Help Unions Mislead Workers

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Since 1948, employers could lawfully require employee attendance at on the clock captive audience meetings, even under threat of discharge or discipline. That changed this week as the National Labor Relations Board (NLRB), in...more

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2024

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1. Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority....more

Foley & Lardner LLP

“Captive Audience” Bans: Employers Should Be Aware of This Trend

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As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Legislature Sends Governor Bill Prohibiting Employer ‘Captive Audience’ Meetings

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 31, 2024, the California Legislature passed the California Worker Freedom from Employer Intimidation Act, Senate Bill (SB) No. 399. The bill heads to Governor Gavin Newsom, who has until September 30, 2024, to sign...more

Kilpatrick

Illinois Passes Law Limiting 'Captive Audience' Meetings

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On July 31, 2024, Illinois Governor J.B. Pritzker signed Senate Bill 3649, the “Worker Freedom of Speech Act,” (the “Act”) which prohibits employers from using “captive audience” meetings with employees to discuss an...more

FordHarrison

New Law Alert! Illinois Freedom of Speech Act and Limitations on Union (and Other Meetings)

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Real World Impact: The newly enacted Illinois Freedom of Speech Act prohibits employers in Illinois from requiring employees to participate in employer-sponsored meetings if the meeting is designed to communicate an...more

Littler

Illinois Makes Move to Ban Employer-Sponsored Meetings

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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

Epstein Becker & Green

FDA Wins Mifepristone Case, NLRB Denied Lower Injunctive Relief Standards, and “Trump Too Small” Denied Trademark - SCOTUS Today

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Of the Supreme Court opinions issued today, the one that will draw the greatest public attention is Food and Drug Administration v. Alliance for Hippocratic Medicine, unanimously holding that the pro-life organizational...more

Amundsen Davis LLC

State Bans of On-The-Clock “Captive Audience Speeches” Restrict Employers’ First Amendment Rights

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Captive audience Meetingmeetings are on-the-clock meetings (employee attendance is often mandatory) where employers express an opinion on "religious or political matters” – including whether or not employees should join or...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

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Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

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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

Bricker Graydon LLP

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

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Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

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