News & Analysis as of

Section 7 First Amendment

Fisher Phillips

Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

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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

Troutman Pepper

Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA...

Troutman Pepper on

Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of...more

Bradley Arant Boult Cummings LLP

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

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

Fisher Phillips

How To Handle Unprecedented Workplace Tension This Election Season: A 10-Step Action Plan

Fisher Phillips on

What a year! 2020 has been full of challenges, both personal and professional. Personally, each of us have our own story. Professionally, workplaces have been rocked with unprecedented turmoil as we navigate COVID-19 and the...more

Bradley Arant Boult Cummings LLP

Political Speech, Conduct & Activity in the Workplace Amid A Social Justice Movement

Traditionally, it has been taboo to discuss religion, politics, or divisive matters of public concern in the workplace. Most employers want the worksite to be about work and want to avoid controversial and potentially...more

Littler

Board Overturns Purple Communications, Restores Employer Right to Restrict Email Use

Littler on

On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes.  The...more

Epstein Becker & Green

NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems

Epstein Becker & Green on

On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more

Littler

Political Speech in the Workplace: Is it Possible to Maintain Civility?

Littler on

In the days leading up to the confirmation vote on Supreme Court Justice Kavanaugh, more than half of Americans said they had engaged in political discussions in the workplace about his confirmation battle, a recent online...more

Womble Bond Dickinson

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

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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

Littler

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Fisher Phillips

Digital Disruptions: Handling Social Media Misuse By Students And Educators

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Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Littler

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

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

Littler

Election 2016: Political Speech and Activity in the Workplace

Littler on

On November 8, voters across the country will head to the polls to determine the next president. Some states have already begun the early voting process. Voters will also decide who fills various U.S. congressional seats,...more

Parker Poe Adams & Bernstein LLP

NC General Assembly Overrides Veto of Property Protection Bill

Last week, the North Carolina House and Senate overrode Governor McCrory’s veto of legislation intended to shield employers from video or other data or documents release by employees. H.B. 405, called the “ag-gag” bill by...more

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