News & Analysis as of

Off-Duty Employees

Littler

Dear Littler: Are There Any Concerns About Letting Our Employees Post Videos About Our Products?

Littler on

Dear Littler, I’m a marketing manager at a nationwide retailer. One of our sales associates is an aspiring “influencer” who asked if she could film a short video showcasing our new products for social media. This could be...more

Fisher Phillips

Super Bowl Predictions! (And 4 Tips for Employers Ahead of the Big Game)

Fisher Phillips on

It’s estimated that upwards of 125 million people will watch next week’s Super Bowl matchup between the Seattle Seahawks and the New England Patriots, and it’s likely that your employees will be tuning in. Whether they’re...more

Cranfill Sumner LLP

Who Employs Police Officers Directing Traffic? Why a New North Carolina Supreme Court Decision Matters for Your Business

Cranfill Sumner LLP on

On December 12, 2025, the North Carolina Supreme Court issued a decision in Lassiter v. Robeson County Sheriff’s Department, Synergy Coverage Solutions, Truesdell Corporation, and The Phoenix Insurance Company, No. 54PA24....more

Offit Kurman

Cannabis in the Workplace: From Stigma to Acceptance

Offit Kurman on

The recent federal policy shift, marked by Executive Order 14370: Increasing Medical Marijuana and Cannabidiol Research, reflects not only a legal development but also a broader cultural transformation....more

Ervin Cohen & Jessup LLP

California Court Clarifies When Off-Duty Harassment by Coworker Can Lead to Employer Liability

Ervin Cohen & Jessup LLP on

A recent California appellate decision offers new guidance on when an employer may be held responsible for harassment that occurs away from the workplace—and specifically when the alleged harasser is a coworker rather than a...more

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

Understanding New York’s Legal Activities Law and Its Protections for Off-Duty Political Speech

With employee political speech becoming an increasing concern, employers in New York are reminded of the New York Legal Activities Law, which, among other things, offers protections to employees based on certain off-duty...more

Fisher Phillips

Snapshot for Manufacturers: What Can You Do About Employee Speech in the Modern Manufacturing Workplace?

Fisher Phillips on

Welcome to this edition of the FP Snapshot for Manufacturers, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the manufacturing sector....more

McNees Wallace & Nurick LLC

Social media conduct: employer guidelines for workplace postings - Update

Online interactions often have a more adversarial and less courteous tone than traditional, in-person discussions. In certain instances, an employee’s conduct on social media may escalate beyond mere disagreement and enter...more

Lewitt Hackman

Off-the-Clock: What Employers Should Do When an Employee Complains about After Hours Misconduct

Lewitt Hackman on

Generally, a coworker’s misconduct outside of work does not constitute harassment under the Fair Employment and Housing Act (FEHA). However, management or Human Resources receiving complaints should not ignore such...more

FordHarrison

[Webinar] The Real-World Workplace Implications of Virtual Content in the Age of Social Media - October 23rd, 1:00 pm - 2:00 pm...

FordHarrison on

The interplay between protected speech and the workplace continues to leave employers scratching their heads as they strive to foster a productive workplace. With the advent of the age of social media, a conversation that at...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your October 2025 To-Do List

Fisher Phillips on

Here are the top ten items you should tackle in October 2025, based on the latest workplace law developments and upcoming critical compliance dates...more

McNees Wallace & Nurick LLC

Social Media Conduct: Employer Guidelines for Workplace Postings

Online interactions often have a more adversarial and less courteous tone than traditional, in-person discussions. In certain instances, an employee’s conduct on social media may escalate beyond mere disagreement and enter...more

FordHarrison

Employers' Considerations When Employees' Online Content Results in Real-World Discord in the Workplace

FordHarrison on

The interplay between protected speech and the workplace continues to leave employers scratching their heads as they strive to foster a productive workplace. With the advent of the age of social media, a conversation that at...more

Husch Blackwell LLP

When Employee Speech Crosses the Line: Considerations for Private Employers Responding to Polarizing Events

Husch Blackwell LLP on

The recent assassination of conservative activist Charlie Kirk has ignited a national conversation—not just about politics, but about the boundaries of employee speech and employer response in the workplace. In the days...more

Epstein Becker & Green

Social Media and Employee Firings: What Employers Need to Know - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we examine how employers should address controversial employee social media activity, especially amid widespread social tension such as that seen after the murder of Charlie Kirk. Social Media and Employee Firings...more

Ward and Smith, P.A.

Navigating Employee Political Speech: Key Considerations for Employers

Ward and Smith, P.A. on

The line that stands between one's personal politics and professional responsibilities has never been thinner. Employers may wish to remind their employees about the potential repercussions of making public political...more

Fisher Phillips

What Employers Can – and Can’t – Do About Employee Speech in a Volatile Climate

Fisher Phillips on

As employee expression spills into every corner of the modern workplace, employers are trying to figure out the best way to respond to all sorts of activity. From off-hours protests to heated workplace debates and viral...more

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

Avoiding Legal Pitfalls When Employees Are Arrested Off Duty

Sometimes employees get arrested for alleged crimes while off duty, and it’s better for employers to be prepared and know what to do beforehand than to find themselves in legal jeopardy after the fact. The right move for...more

Fox Rothschild LLP

Terminating Employees with a Controversial POV

Fox Rothschild LLP on

When employees comment on social media about controversial figures or issues, California employers face a delicate balance. Although online posts may be polarizing, disciplining employees for their speech has the potential to...more

American Conference Institute (ACI)

[Event] 16th Annual Law of Policing Conference, Western Edition - November 5th - 6th, Surrey, BC, Canada

Gain balanced, in-depth insights on today’s most pressing challenges for police services, associations, boards and oversight agencies and legal counsel and investigators at Canadian Institute’s 16th Annual Law of Policing...more

Jackson Lewis P.C.

Building an Exemption: California Construction Employers Allowed to Drug Test for Marijuana

Jackson Lewis P.C. on

California prohibits employers from discriminating against employees because of off-duty use of marijuana, with some exemptions. One exemption is for “the building and construction trades.” California’s AB 2188 greatly...more

Littler

Canada: Off-Duty Sexual Harassment May Still Trigger a Duty to Investigate

Littler on

In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court’s ruling that quashed an arbitrator’s decision reinstating five employees...more

Ice Miller

Parades, Protests, and Politics: Managing Off-Duty Conduct in the Workplace

Ice Miller on

As the nation prepares to celebrate the Fourth of July with parades, fireworks, and barbeques, many employers may find themselves faced with a challenging issue—how to manage employee conduct that occurs off the clock,...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Fisher Phillips

Politics, Protests, and Posts: What Employers Can (and Can’t) Do About Employee Speech in a Polarized Climate

Fisher Phillips on

As political tensions surge and employee expression spills into every corner of the modern workplace, employers are finding themselves caught in the crossfire. From off-hours protests to heated workplace debates and viral...more

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