News & Analysis as of

Constitutional Challenges First Amendment Employment Policies

Cozen O'Connor

Facial Hair, Firefighters, and Free Exercise

Cozen O'Connor on

A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose...more

Oppenheimer Investigations Group

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government...more

Cozen O'Connor

Democratic AGs Author Amicus Supporting Anti-DEI EO Challenge

Cozen O'Connor on

A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting a trade organization’s lawsuit challenging anti-diversity, equity & inclusion (DEI) Executive Orders (EOs)....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Losing My Religion? 8th Circuit Finds that Freedom of Religion is Not a Justification for Employee Conduct

The past few decades have seen a Supreme Court receptive to claims brought on the basis of freedom of religion. For example, in Burwell v. Hobby Lobby Stores, Inc. (June 2014), the Supreme Court ruled that the Affordable Care...more

Littler

FCC Takes Aim at Media Companies’ IE&D Efforts

Littler on

Federal Communications Commission (FCC) Chair Brendan Carr recently revealed in a social media post the agency’s latest probe into various media entities’ inclusion, equity, and diversity efforts....more

Holland & Hart LLP

New Rules for Public Employers, Courtesy of the Wyoming Legislature

Holland & Hart LLP on

The Wyoming Legislature has wrapped up its 2025 session, but not before adopting several new laws governing public employers. Three of these laws were not specifically drafted as employment laws, but will have significant...more

Rumberger | Kirk

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

Rumberger | Kirk on

Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more

Miller Nash LLP

Before We Talk, “You Are Being Recorded”: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

Miller Nash LLP on

Last week, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these recordings require...more

Miles & Stockbridge P.C.

2nd Circuit New York Employers Must Provide Notice Under Reproductive Health Bias Law After Second Circuit Ruling

The 2nd U.S. Circuit Court of Appeals earlier this month vacated a lower court’s permanent injunction that had prevented the employer notice requirement in New York’s reproductive health bias law from taking effect....more

Mintz - Employment Viewpoints

New York Employers Must (Again) Provide Reproductive Health Notice of Rights in Employee Handbooks Following Second Circuit Ruling

New York employers are – once again – required to provide employees with notice regarding New York’s reproductive health decision making protections. The U.S. Court of Appeals for the Second Circuit vacated a lower court’s...more

Weintraub Tobin

Lawsuit Filed by CA Chamber of Commerce: Challenging Senate Bill 399

Weintraub Tobin on

This is a follow-up to our recent blog post regarding Senate Bill 399 (“SB 399”) and its prohibition on an employer’s right to take adverse action against an employee who refuses to attend meetings related to “political...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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