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The National Labor Relations Act › Free Speech

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Littler

Rhode Island Bans “Captive Audience” Meetings

Littler on

On July 2, 2025, Rhode Island Governor Daniel McKee signed into law House Bill No. 5506 SUB A.  With the stroke of a pen, Rhode Island joined the growing list of states to ban mandatory employer-sponsored meetings regarding...more

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

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

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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

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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

Laner Muchin, Ltd.

Legal Updates for Illinois Employers in 2025

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In 2025, Illinois will have several new laws and regulations going into effect. The following article summarizes many of these new laws. ...more

Wiley Rein LLP

Maintaining Civility Post-Election – Guardrails on Employee Political Speech

Wiley Rein LLP on

Election season is officially over, but the tension surrounding discussions about the candidates and the issues in American society is unlikely to end soon. That tension is extending beyond dinner tables and social...more

UB Greensfelder LLP

NLRB Outlaws Captive Audience Meetings

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What employers should do to avoid violation - On November 13, 2024, the National Labor Relations Board (“NLRB” or “the Board”) ruled that captive audience meetings— mandatory employer-sponsored meetings attempting to...more

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

NLRB Bans Mandatory Informational Meetings, Overturns 76-Year-Old Precedent

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

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more

Proskauer - Labor Relations Update

NLRB Delivers Ban on Captive-Audience Meetings in Amazon Case

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Throwing out 75 Years of precedent in a single decision, on November 13, 2024, in Amazon.com Services LLC, the National Labor Relations Board (the “Board”) the Board overruled the seminal case of Babcock & Wilcox Co., 77 NLRB...more

Fisher Phillips

The End of Mandatory Captive Audience Meetings? 5 Tips for Adapting to the NLRB’s Latest Departure from Decades of Past Precedent

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The National Labor Relations Board just banned mandatory employee meetings for purposes of discussing the subject of union representation – so-called “captive audience” meetings – and placed new restrictions on an employer’s...more

Foley & Lardner LLP

“Captive Audience” Bans: Employers Should Be Aware of This Trend

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As organized labor activity has been on the rise in recent years and stories about union-related matters have become regular news, labor relations questions have ever-increasingly become front-of-mind for employers. It is...more

Proskauer - Law and the Workplace

It’s Election Time: Time Off to Vote, Political Activities, and Political Speech in the Workplace

Proskauer - Law and the Workplace on

With Election Day quickly approaching, it is the right time for employers to refresh themselves on the various protections that may exist for their employees when it comes to voting and other political activities. Below is...more

Dickinson Wright

The Freedom—and Limits—of Political Speech in the Workplace

Dickinson Wright on

With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand...more

Amundsen Davis LLC

Election 2024: Dealing With Political Expression at Work

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“Harris Walz, Obviously.” “Trump 2024 – Take America Back.” These words are on signs that pepper front lawns and store fronts across the country. Consider what compels someone to make their stance so public. It’s because...more

ArentFox Schiff

New California Law – SB 399 – Potentially Limits Employers’ Free Speech Rights

ArentFox Schiff on

On September 30, California Governor Gavin Newsom signed into law SB 399, the “California Worker Freedom from Employer Intimidation Act.” SB 399, which goes into effect on January 1, 2025, will prohibit employers from holding...more

Adams & Reese

As Election Nears, How Do State Laws Impact Employers’ Policing of Social Media Posts by Employees?

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With a highly divisive U.S. Presidential Election between Donald Trump and Kamala Harris just weeks away, political social media posts have inundated newsfeeds. But what happens when a post goes too far, and/or an employee’s...more

FordHarrison

Managing Political Discussions in Florida’s Private Workplaces: What Employers Need to Know

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Introduction - As the election draws near, private (nongovernmental) employers in Tampa Bay face unique challenges regarding political speech in the workplace. While they have considerable flexibility to regulate political...more

CDF Labor Law LLP

Navigating Politics in the Workplace

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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

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

Political Speech in the Workplace: Strategic Considerations for Employers

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

Political speech in the workplace has become a growing concern for employers in recent years. The polarized political climate, combined with the increasing use of social media and digital communication, has amplified the...more

Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on

The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

Mintz - Employment Viewpoints

Practical Policies for Politics: Some Guidelines for Managing Political Conflict in the Workplace

Mintz - Employment Viewpoints on

Political conflicts in the workplace will only grow as we near election day, and this means human resources professionals and in house counsel need to hone their conflict resolution skills.  Resolving political conflict in...more

Littler

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

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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

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

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Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

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