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On March 15, 2024, the U.S. Supreme Court issued a decision in Lindke v. Freed that lays out a two-part test for when a public official’s social media activity constitutes state action. According to the Court, a public official’s posts on social media are attributable to the government if the official had the actual authority […]
Institutions around the country are in turmoil, subject to loud clamoring about events in the Middle East. Many members of their communities are making claims of anti-Semitism, while there are counterclaims of Islamophobia. Public universities and institutions may have no way to avoid those disruptions, but fortunately private employers need not be pulled into that […]
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 the First Amendment, celebrities and high-profile figures are freely expressing highly controversial opinions through a variety of means – social media, signs, […]
People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The case comes to us out of Utah, where a former sheriff’s department firearms instructor […]
In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workforce.
President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer Abruzzo are definitely in line with the administration’s pro-union regulatory agenda. Abruzzo has recently targeted what employers may communicate regarding unionization. What […]
The phrase “cancel culture” has become ubiquitous over the last couple years. It strikes fear in the hearts of social media influencers and public figures everywhere. One post in poor taste or the unearthing of a years-old tweet can bring a screeching halt to a politician’s campaign or an emerging artist’s rise to fame. So, […]
With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams going to match up with the Sixers’ massively sized lineup in today’s era of small ball? […]
For years, Google has been playing with fire by encouraging employees to post almost anything on its internal message boards. The company, known as the portal for any inquiry imaginable, brought its open search philosophy in-house, encouraging robust employee discussion on almost any topic, without fear of retaliation.
There’s no question that many Americans believe that we are more politically divided than ever, and the tension from that divide is being felt in the workplace. In a 2018 study by Randstad US, 43% of survey respondents reported that they have at least one work colleague whose political views do not align with their […]