News & Analysis as of September 8, 2025

First Amendment › Employer Responsibilities › Employee Rights

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Facial Hair, Firefighters, and Free Exercise

Cozen O'Connor on 6/26/2025

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

MAGA Hats and Pronoun Disputes Test Workplace Speech Boundaries

Oppenheimer Investigations Group on 6/11/2025

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

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

Hinshaw & Culbertson - Employment Law... on 5/9/2025

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

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Oppenheimer Investigations Group on 4/29/2025

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/23/2020

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

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