News & Analysis as of

Protected Activity Free Speech

See You In Court! – November 2017

by Shipman & Goodwin LLP on

As the football season wound down in Nutmeg, Bob Bombast went on a Facebook rant against the players in the NFL who take a knee during the playing of the National Anthem. Coach Rock, veteran coach at Nutmeg Memorial High...more

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

by Akerman LLP - HR Defense on

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

Calling President An Idiot May Be Protected Speech (But Maybe Not)

by Shipman & Goodwin LLP on

“President Trump is a Big Fat Idiot” or, for that matter, “Secretary Clinton is a Sore Loser.” Let’s suppose you see one of your employees tweeting one of these expressions on Twitter during non-work hours from a personal...more

Dear Littler: Can A Boss Fire Someone for Off-Duty Political Activities?

by Littler on

Dear Littler: I saw one of my employees on the local news the other night participating in a political rally over the weekend. We try to maintain a tension-free workplace. Can I discipline him for this conduct? Can I at least...more

Election Day Concerns for Employers: Political Discussions in the Workplace and Time Off to Vote

by Snell & Wilmer on

With the highly contested presidential election on Tuesday, November 8, 2016, many employers are concerned about political discussions in the workplace, whether those discussions can be restricted, and how to handle...more

Slapped Down: California Supreme Court Rules Anti-SLAPP Law Applies to Mixed Causes of Action

In Baral v. Schnitt, the California Supreme Court addressed a question that has divided California appellate courts for more than a decade: whether a special motion to strike under California’s anti-SLAPP statute (C.C.P....more

Calif. Supreme Court Resolves Conflict in Anti-SLAPP Procedure, Provides Guidance to Litigants

by Holland & Knight LLP on

The California Supreme Court resolved a decade-long conflict among lower appellate courts in its watershed opinion Baral v. Schnitt, Case No. S225090, 2016 WL 4074081, *1 (Cal. Sup. Ct. Aug. 1, 2016). Now, courts must allow a...more

California’s Anti-SLAPP Statute Untangled

by Archer Norris PLC on

On August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action...more

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

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 1

by Gray Reed & McGraw on

The Texas Anti-SLAPP law is known as the Texas Citizens Participation Act (the “TCPA” found at Tex. Civ. Prac. & Rem. Code at § 27.001, et seq.). “If a legal action is based on, relates to, or is in response to a party’s...more

A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

In Baral v. Schnitt (filed 2/5/2015, No. B253620), the California Court of Appeal, Second Appellate District, held that California’s anti-SLAPP statute does not authorize the striking of allegations of protected activity in a...more

NLRB Still “Likes” Expansive Employee Speech

by Cozen O'Connor on

Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

Supremes Rule That Trial Speech is Protected Speech – Part II

by Sherman & Howard L.L.C. on

The Supreme Court previously ruled in Garcetti that a prosecutor’s internal memorandum written in the course of his job responsibilities did not constitute protected speech because he was speaking as an government employee...more

Top 5 Legal Trends For Hospitality Employers

by Fisher Phillips on

There is much to be learned from 2013. Below are five legal topics that made headlines last year, and should provide valuable guidance for managing labor and employment law issues in 2014....more

Political Affiliation & Protected Speech Retaliation – Sixth Circuit Widens Circuit Split

The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations...more

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