News & Analysis as of September 20, 2024

Free Speech

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Absolute Freedom to Tweet? Employers (and the NLRA) May Have Something to Say About It

Bradley Arant Boult Cummings LLP on 1/27/2021

Do you need a social media policy or are the legal obstacles just too much? Now more than ever, people are exercising their First Amendment right to free speech, which, not surprisingly, can cause heartburn at the workplace....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

Flipping Out Over Flipping Off: What Are the Limits on Regulating Employee Political Speech?

Bradley Arant Boult Cummings LLP on 11/9/2017

Around the end of October, a photo of a government contractor employee flipping the bird to President Trump’s motorcade went viral after the woman made it her profile picture on Facebook. She was subsequently fired for a...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

Womble Bond Dickinson on 11/3/2017

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

4th Circuit sets a match to battalion chief's First Amendment claims

Burr & Forman on 6/12/2017

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Dislike Employees’ Facebook “Likes”? Fire Away at Your Own Risk

Seyfarth Shaw LLP on 10/29/2015

On October 21, 2015, the Second Circuit Court of Appeals upheld the ruling of the National Labor Relations Board (“Board”) decision in Triple Play Sports Bar and Grill, 361 NLRB No. 31 (2014). The employer, Triple Play, had...more

Like It Or Not, Your Employees Can Like It

Cozen O'Connor on 10/28/2015

It gets boring to blog just about the NLRB. We need some judicial action to get the juices flowing a little more. We got a little something last week. Question: Is merely clicking the “like” button on Facebook tantamount to...more

Teach Appropriate Speech - Or risk liability for employees' derogatory on-line comments about customers

Pierce Atwood LLP on 11/21/2014

Recent District of Hawaii decision suggests social media policies are more important than ever, despite NLRB’s dramatic limits on employers’ ability to police employee speech on the Internet - Howard v. Hertz - ...more

What's in a "Like"? Precedent-Setting Case Poses New Risk for Employers

Littler on 9/26/2013

The ubiquitous thumbs-up icon in Facebook has gained new prominence for private employers. In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit held that an employee fired for "liking" the campaign...more

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