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First Amendment › Free Speech › State Labor Laws

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 -
Goldberg Segalla

Free Speech in the Workplace: Caution and Advice

Goldberg Segalla on

With any change in political climate, it is hard for employers to navigate the statements of employees, both during the workday and their off time. Employees who make their political positions public often point to the First...more

Sheppard Mullin Richter & Hampton LLP

Mandatory Captive Rules in Limbo for California Employers – 2 Federal Lawsuits Challenge SB 399 and Looming Issue Before the NLRB

Sheppard Mullin Richter & Hampton LLP on

As discussed in our recent article, the introduction of SB 399 in California (approved and added as California Labor Code section 1137) sparked significant discussion and concern among California employers with union...more

Proskauer - California Employment Law

Business Groups’ Lawsuit Slams California Ban on “Captive Audience” Meetings

Proskauer - California Employment Law on

As we reported here, California’s Senate Bill (S.B.) 399, took effect on January 1, 2025. This law prohibits employers from requiring employees to attend meetings about the company’s opinions on political or religious...more

CDF Labor Law LLP

Navigating Politics in the Workplace

CDF Labor Law LLP on

In a state as diverse and politically active as California, employers are bound to encounter clashing political expressions among employees this election cycle. Navigating these challenges and enforcing policies affecting the...more

White and Williams LLP

Talking Politics Can Lead to Employer Liability

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This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and...more

Littler

Hawaii's New “Captive Audience” Law: What Employers Need to Know

Littler on

Under current federal law, employers may legally require workers to attend meetings during working hours that concern the employer’s views on politics, religion and similar matters. Hawaii recently joined several states,...more

Robinson+Cole Manufacturing Law Blog

2024 Election – Can It Be A Hot Topic In Your Workplace?

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With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

Littler

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

Littler on

The Utah legislature wrapped up its seven-week legislative session on March 1, 2024.  In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed...more

Littler

New York District Court Enjoins Enforcement of Law Limiting Employer Speech During Organizing Campaigns

Littler on

A federal judge in New York recently cast doubt on the validity of state laws that seek to restrict employer speech in connection with union organizing. In New York State Vegetable Growers Association, Inc. v. Letitia James,...more

Bowditch & Dewey

Federal Court Partially Blocks Florida from Enforcing ‘Stop WOKE Act’ – What This Means for Employers

Bowditch & Dewey on

On August 18, 2022, the U.S. District Court for the Northern District of Florida partially enjoined Florida’s Individual Freedom Act (“IFA”), also known as the Stop Wrongs to Our Kids and Employees (WOKE) Act. The law, which...more

Proskauer - California Employment Law

California Employment Law Notes - July 2021

Proskauer - California Employment Law on

Board of Directors Quota Law May Be Unconstitutional - Meland v. Weber, 2021 WL 2521615 (9th Cir. 2021) - n 2018, the California Legislature enacted Senate Bill 826, which requires all corporations headquartered in...more

Harris Beach Murtha PLLC

Politics in the Workplace: Understanding the Rights of Employees

Harris Beach Murtha PLLC on

Following an election season like no other, and looking forward to this year’s election cycle, many individuals have started to reflect on the rights of employees to engage in the political process. This quick legal...more

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

Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol...

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

Within days of the January 6, 2021, riot at the U.S. Capitol, employees who were observed as part of the mob entering the Capitol were discharged by their employers. Some of the individuals involved in the events at the...more

Husch Blackwell LLP

Missouri Supreme Court To Decide Constitutionality Of Public Labor Reform Law

Husch Blackwell LLP on

On November 16, 2020, the Missouri Supreme Court heard oral arguments in the case of Missouri National Education Association, et al. v. Missouri Department of Labor and Industrial Relations, et al., Ferguson-Florissant School...more

McGlinchey Stafford

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

McGlinchey Stafford on

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

Fisher Phillips

Speak No Evil – The Right To Limit Employee Speech This Election Season And Beyond

Fisher Phillips on

Following a tragic series of recent events, individuals across the country have started voicing their opinions about social, cultural, and political issues with a passion not seen since the Civil Rights Movement of the...more

Payne & Fears

You Can't Ask This: The Spread of Salary History Bans and What It Means for Employers

Payne & Fears on

A growing number of state and local governments across the country are enacting laws that limit employers’ ability to ask about or consider applicants’ salary history. These laws are part of a nationwide effort to reduce pay...more

Epstein Becker & Green

California Freelance Writers and Photographers Challenge the Constitutionality of AB 5

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We have written previously about California’s new statute, referred to as AB 5, which codifies and expands the “ABC test” for independent contractors set forth in Dynamex Operations West, Inc. v. Superior Court....more

Littler

Dear Littler: Can We Still Maintain Hairstyle and Personal Grooming Policies?

Littler on

I am an HR manager for a boutique beauty supply shop based in Atlanta, Georgia. We are planning to expand into new storefronts in both San Diego, California and Brooklyn, New York. We have a standard grooming policy because...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

Fisher Phillips

You Can Ask About It, But You Can’t Rely Upon It: Finally, a Resolution to the Constitutionality of Philadelphia’s Wage Equity...

Fisher Phillips on

According to the late great Tom Petty, “the waiting is the hardest part.” The United States District Court for the Eastern District of Pennsylvania (the “Court”), however, begs to differ with The Heartbreakers’ leading man....more

Troutman Pepper Locke

Portion of Philadelphia Salary History Ban Ruled Unconstitutional

Troutman Pepper Locke on

In a ruling that could provide a roadmap for challenging salary history bans in other jurisdictions, a Philadelphia federal judge issued an opinion on April 30 invalidating a major element of the Philadelphia salary history...more

Best Best & Krieger LLP

California’s Labor & Employment Changes for 2018: Part II - Court Cases Impacting Labor & Employment Law

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California courts and Legislature greatly expanded protections for public and private workers in 2017, passing laws and handing down decisions regarding wages, rest periods, harassment, workplace discrimination and free...more

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