News & Analysis as of

Employer Responsibilities First Amendment

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

New Federal Religious Expression and Accommodations Guidance May Impact Private Employers

In July 2025, the U.S. Office of Personnel Management (OPM) issued two important memos regarding religious accommodations and religious expression in federal workplaces. ...more

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

Hinshaw & Culbertson - Employment Law...

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...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

Arnall Golden Gregory LLP

Northern District of Illinois Becomes Latest Court to Block President Trump’s DEI Executive Orders

As we have reported, President Trump’s Executive Orders 14151 and 14173 targeting diversity, equity, and inclusion (“DEI”) programs (the “DEI Orders”) have resulted in considerable legal activity addressing the...more

Perkins Coie

Challenge to Colorado Equal Pay for Equal Work Act Will Have Important (and Costly) Implications for Employers

Perkins Coie on

Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay,...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights, Issue 32, November 2020

How quickly things change. This, perhaps more than anything else, encapsulates the world of COVID-19 and the related litigation. Between Issue 31 and Issue 32 of Unprecedented, the United States has seen its reported COVID-19...more

Jackson Lewis P.C.

Politics at Work

Jackson Lewis P.C. on

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

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

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

Best Best & Krieger LLP

Face Masks, Temperature Screenings and Privacy Rights: Re-Opening Public Agencies During COVID-19

Part 2 in a PublicCEO Series - Previously, we discussed local governments’ response to the novel coronavirus and the tension between governmental authority for emergency response and individual liberty. How does that...more

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