News & Analysis as of

Political Speech Employee Rights First Amendment

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

Oppenheimer Investigations Group

Balancing Free Speech and Workplace Harmony: Navigating Political Expression in the Modern Office

A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....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

FordHarrison

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

FordHarrison on

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

Maynard Nexsen

Navigating Political Speech in the Workplace

Maynard Nexsen on

As we quickly approach Election Day in November, political discussions can dominate daily life, including in the workplace. Employers are often faced with the question of how to handle employee political speech in the...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

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

Littler

Politics in the Workplace and the Risks of Social Media

Littler on

In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more

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

California Legislature Sends Governor Bill Prohibiting Employer ‘Captive Audience’ Meetings

On August 31, 2024, the California Legislature passed the California Worker Freedom from Employer Intimidation Act, Senate Bill (SB) No. 399. The bill heads to Governor Gavin Newsom, who has until September 30, 2024, to sign...more

White and Williams LLP

Talking Politics Can Lead to Employer Liability

White and Williams LLP on

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

FordHarrison

New Law Alert! Illinois Freedom of Speech Act and Limitations on Union (and Other Meetings)

FordHarrison on

Real World Impact: The newly enacted Illinois Freedom of Speech Act prohibits employers in Illinois from requiring employees to participate in employer-sponsored meetings if the meeting is designed to communicate an...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?

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

Venable LLP

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

Constangy, Brooks, Smith & Prophete, LLP

10 social media tips for employers and employees

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

Goulston & Storrs PC

Navigating Politics in the Workplace

Goulston & Storrs PC on

In this election year, employees inevitably will engage in discussions of the impactful and divisive political issues that are at the forefront of our national discourse. Employers must be aware of the ways in which political...more

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Robinson+Cole Manufacturing Law Blog

Manufacturers’ Manual to Political Speech in the Workplace

As we approach election season, conversations about politics are quickly picking up across the country and in the workplace. Employers may be wondering how they can manage communications in the workplace....more

Robinson & Cole LLP

Important Considerations for Connecticut Employers in Anticipation of Election Day

Robinson & Cole LLP on

The 2022 midterm elections in the United States are just around the corner, on November 8. Midterm elections generally decide which political party controls the United States Congress as well as state legislatures and...more

Venable LLP

Between a Rock and a Hard Place: Navigating Political Viewpoints in the Workplace

Venable LLP on

As the midterm election season approaches, employers may already be dreading inevitable political disagreements at work and wondering how to prevent them. American politics have become more polarized over time, and strong,...more

Morris James LLP

How to Handle Workplace and Off-Duty Conduct in Politically Charged Times

Morris James LLP on

The current US political environment is often regarded as the most antagonistic and polarized in living memory, and has created landmines for employers. Personal politics have become increasingly controversial, pervading...more

McAfee & Taft

Setting the record straight on “free speech” rights in the workplace

McAfee & Taft on

Freedom of Speech. Most Americans seem to agree it is the most fundamental of rights guaranteed under the Bill of Rights, and many are quick to cite their First Amendment protections whenever faced with unpleasant...more

FordHarrison

The First Amendment: Where it is Implicated, and Where it is Not

FordHarrison on

Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. Although the right to...more

Fisher Phillips

A Dealership’s Guide To Social Media, Free Speech, And The Election

Fisher Phillips on

You just learned that one of your employees expressed their opinion about the election on social media. Their unfiltered post includes slurs, and it is inflammatory at best. Had they made these same comments while at work,...more

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