News & Analysis as of September 19, 2024

Protected Concerted Activity › First Amendment

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The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union. less -

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

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on 1/15/2024

The coming election year 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...more

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Pullman & Comley - Labor, Employment and... on 2/2/2023

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...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

The First Amendment & Employer Regulation of Employee Speech

TNG Consulting on 12/3/2020

The nuances of what is considered public speech versus private speech, as well as the concept of “touching on a matter of public concern” can be complex to understand and even more complex for administrators to apply....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

Politics at Work

Jackson Lewis P.C. on 10/9/2020

In 2020, politics permeates the workplace. Employers should anticipate election-related issues regardless of whether their workplace is open, remains virtual or falls somewhere in between. Striking a balance between the...more

Social Media PSA For Employees And Employers

Constangy, Brooks, Smith & Prophete, LLP on 6/26/2020

Only YOU can prevent a social media firestorm. My Facebook page is a snooze. Two members of my immediate family do not want their existence to be acknowledged on the internet. I almost never post anything, except to wish...more

Miss Mannerly Answers Employers' Summer 2020 Etiquette Questions!

Constangy, Brooks, Smith & Prophete, LLP on 6/18/2020

This is not your usual summer, Gentle Reader. Dear Miss Mannerly: Last week, we had our office picnic, but everyone is still working from home, so we did it on Zoom. About 30 employees were on the call. Everybody chose an...more

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

Cozen O'Connor on 4/17/2020

This is Part 2 of Mike Schmidt's 2-part episode pitting employee/plaintiff-side lawyer Hope Pordy, Esq. against employer/defendant-side lawyer Jeremy Glenn, Esq. to finish debating some interesting HR topics....more

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on 10/30/2019

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Butler Snow LLP on 8/27/2019

Government employees enjoy more protection than employees of private-sector companies when it comes to speaking their minds about politics or other matters of public concern outside the workplace. A public employee may not be...more

Federal Court Rejects Free Speech Challenge to New York City's Payroll Deduction Law

FordHarrison on 2/14/2019

On February 6, 2018, a New York federal judge rejected a challenge to a New York City law requiring fast-food businesses to, upon request of their employees, forward voluntary deductions from employee paychecks to nonprofits....more

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

Obermayer Rebmann Maxwell & Hippel LLP on 1/25/2019

In this era of social media, it has become quite common for employees to post information online about their personal lives, their political views, and information related to their jobs. Social networks have increasingly...more

Court Holds Union Membership ‘Worthy of Constitutional Protection’

McNees Wallace & Nurick LLC on 9/24/2018

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more

NFL No-Kneeling Compromise: Implications For The Workplace

Troutman Pepper on 6/19/2018

Q: Can private employers limit workplace speech and activities? A: Yes, but only if the limits do not violate other laws. ...more

Can You Fire Someone For Racist Tweets?

Zuckerman Spaeder LLP on 6/5/2018

On May 29, Roseanne Barr posted a tweet comparing former Obama adviser Valerie Jarrett to an ape. ABC’s reaction was swift and decisive: it fired Barr and cancelled her show. ABC’s decision led to pontification from...more

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

Dorsey & Whitney LLP on 11/10/2017

There is a widespread myth in this country that the First Amendment protects free speech in the workplace. Employees who loudly state controversial opinions often think the First Amendment protects them from being fired as a...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

To Kneel or not to Kneel; What is the Question?

Miles & Stockbridge P.C. on 10/25/2017

The recent controversy surrounding NFL players kneeling during the National Anthem raises an interesting question concerning the protection of the National Labor Relations Act (NLRA) vis-à-vis work-place protests over social...more

Regulating Speech at Work

Troutman Pepper on 10/10/2017

Q: Can a private employer limit its employees’ speech and political activity in the workplace? A: Yes, but not speech that is considered part of a “concerted activity.”...more

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2017

With the 2017-18 National Football League (NFL) regular season and National Basketball Association (NBA) pre-season underway, many spectators are excited to don their favorite players’ jerseys and cheer on their teams. Yet in...more

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Protected Concerted Activity › First Amendment

10 social media tips for employers and employees

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employee Activism, Safety, and Support Amid Difficult Issues

The First Amendment & Employer Regulation of Employee Speech

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

Politics at Work

Social Media PSA For Employees And Employers

Miss Mannerly Answers Employers' Summer 2020 Etiquette Questions!

Employment Law Now IV-65- The Great Debate Part 2: Employee Lawyer vs. Employer Lawyer

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

Nashville Trump Supporter Fired Over Facebook Post Wins Trial

Federal Court Rejects Free Speech Challenge to New York City's Payroll Deduction Law

Employers Beware: Can You Legally Terminate an Employee for a Controversial Facebook Post?

Court Holds Union Membership ‘Worthy of Constitutional Protection’

NFL No-Kneeling Compromise: Implications For The Workplace

Can You Fire Someone For Racist Tweets?

Can You Be Fired for Flipping off the President? Yes...Well...Maybe Not

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

To Kneel or not to Kneel; What is the Question?

Regulating Speech at Work

Athletes and Employees Speak Out: Do Your Employment Practices Drop the Ball in Addressing Diversity, Controversial Speech, or...

Racism in Your Spare Time: What Are The Legal Limits for Employers?

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

What Can A California Employer Do About Off Duty Conduct?

Protected Concerted Activity › First Amendment

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