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Free Speech Employment Discrimination

Littler

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

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The Utah legislature wrapped up its seven-week legislative session on March 1, 2024.  In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed...more

Seyfarth Shaw LLP

Eleventh Circuit Strikes Down Florida Ban on Company’s “Woke” Diversity Training

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Seyfarth Synopsis: The Eleventh Circuit recently issued an opinion blocking the enforcement of Florida's "anti-woke" law. The Court struck down the law on the grounds that the law impermissibly infringes on employers' free...more

Whitman Legal Solutions, LLC

Private Employers Often Can Restrict Political Speech at Work

This article discusses whether an employer can discharge an employee whose viewpoint about the war differ from the employer’s. Although this article describes a recent news report about a pro-Israel business, the law applies...more

Littler

Ones to Watch: Legislation Landscape for 2023

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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

Fox Rothschild LLP

Clear as Mud: Navigating In-School Employee Expression in the Wake of Kennedy v. Bremerton School District

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The Supreme Court ruled in Kennedy v. Bremerton School District on June 27, 2022 that a public high school violated the Constitution by restricting a football coach from engaging in “personal” but overt post-game, mid-field...more

Polsinelli

Supreme Court Issues Opinion on Religious Expression for Public Employees

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The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal religious expression when done in the public eye. In a 6-to-3...more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

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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

Franczek P.C.

Supreme Court rules in favor of football coach who prayed on field after games

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On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more

Franczek P.C.

Supreme Court to decide case of football coach placed on leave for post-game prayers

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On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...more

Whitman Legal Solutions, LLC

Can Employers Stop Employees from Taking a Stand on the War in Ukraine or Require Them to Support the Employer’s Position?

Throughout the United States, businesses perceived to be Russian are being targeted, presumably by people opposing the war in Ukraine. Russian House restaurant in Washington, DC—whose owner is a United States citizen—received...more

Payne & Fears

Key California Employment Law Cases: July 2019

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This month's key California employment law cases involve payment of wages, workplace conditions, public employment issues, and civil procedure....more

Nossaman LLP

California Supreme Court to Issue Opinion on Monday, July 22 in Anti-SLAPP Case Affecting Pending Peer Review Cases and Peer...

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On May 7, 2019, the California Supreme Court heard oral arguments in Wilson v. Cable News Network, Inc., et al., where plaintiff was a producer at CNN who sued the media giant for employment discrimination, retaliation,...more

Orrick - Employment Law and Litigation

What We May See from the California Supreme Court in 2019

2018 saw some major developments in employment law, particularly in California. The California Supreme Court embraced the ABC test for independent contractors in Dynamex, and rejected the de minimis doctrine for Labor Code...more

Vedder Price

Ringing in the New Laws: 2019 California Employment Roundup

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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

Troutman Pepper

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

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In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Akerman LLP - HR Defense

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

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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

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

California FEHA Forecast: Evidence of Pretext Required in Anti-SLAPP Case Against TV Stations

On January 19, 2016, a California Court of Appeal issued an unpublished decision in Hunter v. CBS Broadcasting, Inc. The case was brought by Kyle Hunter, who filed an employment discrimination complaint, claiming that two...more

Saul Ewing LLP

Higher Education Highlights - Spring 2016

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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

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