News & Analysis as of

Political Speech First Amendment The National Labor Relations Act

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

Ervin Cohen & Jessup LLP

California Employers Prohibited from Mandatory Religious or Political Meetings

California has a habit of finding creative ways to protect employees from potential instances of discrimination or retaliation, no matter how remote.  ...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

Proskauer - Law and the Workplace

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

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

Amundsen Davis LLC on

“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

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

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

Mintz - Employment Viewpoints

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

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

McAfee & Taft

Talking politics: Is political speech in the workplace legally protected?

McAfee & Taft on

With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there is nothing new about political coverage increasing during 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

Fisher Phillips

Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

Fisher Phillips on

Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,...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

Wiley Rein LLP

Connecticut Bans Corporate Meetings about Politics

Wiley Rein LLP on

Effective as of July 1, 2022, Connecticut law purports to grant an employee a statutory cause of action against his or her employer if the employer “subjects or threatens to subject any employee to discipline or discharge”...more

Harris Beach Murtha PLLC

Connecticut Governor Signs Law Prohibiting Employer-Employee “Captive Audience” Communications

On May 17, 2022, Connecticut Governor Ned Lamont signed into law the so-called “captive audience” bill (Senate Bill 163), which prohibits employers from requiring their employees to (a) attend employer-sponsored meetings that...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

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