NLRA, Free Speech

Political Speech in the Workplace: Strategic Considerations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/13/2024

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

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

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

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

Held Captive No More: New York Enacts Legislation Prohibiting Mandatory Meetings Regarding Employers’ Political (But Really Union)...

Seyfarth Shaw LLP on 9/19/2023

Seyfarth Synopsis: On September 6, 2023, New York Governor Kathy Hochul signed into law legislation that, effective immediately, prohibits employers from disciplining employees who refuse to participate in meetings concerning...more

New York, Minnesota, and Maine Ban “Captive Audience Meetings” – But the Fight is Just Beginning

Fisher Phillips on 8/14/2023

Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more

Littler Lightbulb – June Employment Appellate Roundup

Littler on 7/6/2023

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month. At the Supreme Court...more

NLRB General Counsel Doubles Down on Captive Audience Meetings in Response to Legal Challenge

Fisher Phillips on 3/27/2023

As you may know, the NLRB’s top prosecutor issued a memo last year seeking to bar employers from convening employee meetings on working time to address union representation unless they provide employees specific assurances...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

What Employers Need To Know in a Post-Roe World

Burr & Forman on 6/30/2022

On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...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

'Any Person' May File Unfair Labor Practice Charges With the NLRB

Snell & Wilmer on 5/25/2022

In a recent decision, FDRLST Media, LLC v. National Labor Relations Board (No. 20-3434 & 3492 3rd Cir. May 20, 2022), the United States Court of Appeals for the Third Circuit (“Court”) denied enforcement of an order of the...more

Connecticut Poised to Ban ‘Captive Audience’ Meetings and Expand Employee Free Speech Protections

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/13/2022

Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. It is unclear...more

NLRB General Counsel Seeks to Reinstate Radical Standard for Union Recognition and Restrict Employer Free Speech During Corporate...

Sheppard Mullin Richter & Hampton LLP on 4/19/2022

In contravention of decades-old precedent, employers may be required to recognize unions without a secret ballot election, thereby denying employers the opportunity to protect the private choice of their employees. The...more

The National Labor Relations Act › Free Speech