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Free Speech Employment Litigation

Genova Burns LLC

Fourth Circuit Issues Guidance On Employer Speech During Organizing Campaigns

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A recent Fourth Circuit Court of Appeals three-judge panel enforced part and declined to enforce another part of an NLRB ruling that an employer violated the National Labor Relations Act by telling employees that the union’s...more

Ice Miller

The Evolving Diversity, Equity, and Inclusion Landscape: What to Do Now?

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In January 2025, President Donald J. Trump signed several Executive Orders immediately after being sworn into office. Executive Order 14151 “Ending Radical and Wasteful Government DEI Program and Preferencing” and Executive...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

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

DLA Piper

President Trump’s DEI Executive Orders: Recent Developments for Employers to Know

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Following President Donald Trump’s January 21, 2025 Executive Order (EO) titled, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” recent federal developments may impact how companies approach their...more

Vedder Price

Recent Litigation in California Challenges New Captive Audience Meeting Bill

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On December 31, 2024, the California Chamber of Commerce and California Restaurant Association (CRA) filed a complaint in federal court seeking to enjoin enforcement of Senate Bill (S.B.) 399, signed into law by Governor...more

Proskauer - California Employment Law

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

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

Jackson Lewis P.C.

Showdown Over Workplace Speech – Litigation Filed to Enjoin SB 399 Prohibiting Mandatory Meetings During Union Organizing

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On January 1, 2025, Senate (SB) Bill 399, officially went into effect in California. California joined other states, including Illinois, Connecticut, Hawaii, New York, and Oregon, in enacting statutes that prohibit “captive...more

Fisher Phillips

All the New California Workplace Laws You Need to Know About For 2025

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Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Rejects Employees' Challenge to Equity Training

Federal courts are facing an increasing number of lawsuits from employees claiming that their rights were violated when they were required to attend diversity, equity, and inclusion (DEI) training. These suits have used...more

Saiber LLC

Appellate Division Upholds Termination of Employee Based on Her Facebook Posts

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​​​​​​​On March 21, 2024, the New Jersey Appellate Division issued a decision in Zack v. Integra Lifesciences Corp. in which the court upheld the termination of a White woman based on public posts she made on Facebook during...more

Parker Poe Adams & Bernstein LLP

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

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Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

Pullman & Comley - Labor, Employment and...

Connecticut General Statutes § 31-51q at 40: Emerging Questions for Connecticut’s Employee Free Speech Statute

THE NEW YEAR, 2023, MARKS THE 40TH anniversary of the initial passage of Connecticut General Statutes § 31-51q. Connecticut’s employee free speech protection statute, Section 31-51q, broadly protects both public and...more

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Cranfill Sumner LLP

[Webinar] Employment Law Panel 2023 - February 16th, 10:00 am - 11:00 am EST

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Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more

Littler

Littler Lightbulb – December Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

Bricker Graydon LLP

Sixth Circuit rules officers have no first amendment right to record interviews during police misconduct investigations

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Technology. It is the proverbial blessing and curse that has resulted in an increasing amount of litigation in the courts. One such lawsuit presented the issue of whether the First Amendment provides police officers and their...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

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Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Fisher Phillips

SCOTUS Sides with Public School Football Coach Who was Disciplined for Praying After Games

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The SCOTUS recently ruled in favor of a public high school football coach who lost his job after praying in front of students at the 50-yard line following the school’s football games. The Court held that the coach did not...more

Genova Burns LLC

Digital Walls Surrounding Speech on Social Media Crumble: NJ Appellate Division Upholds Employee Termination for Racist Facebook...

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On May 20, 2022, in McVey v AtlantiCare Medical System, the New Jersey Appellate Division Panel affirmed the dismissal of an employee’s case holding that her termination was not in violation of the protections afforded to...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

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In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Proskauer - California Employment Law

California Employment Law Notes - July 2021

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

Cozen O'Connor

Employment Law Now V-96- LOTS of Big Employment Law Developments

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In today's new episode, Michael Schmidt talks about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent...more

Littler

Ontario, Canada Court Denies Employer’s Request to Remove Allegedly Defamatory Social Media Posts Pending Defamation Trial

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A recent Ontario Superior Court of Justice decision indicates that it is challenging for employers to obtain an interim injunction requiring an employee to remove allegedly defamatory social media posts pending resolution of...more

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