“Free Speech” in the Workplace: Social Media, Off-Duty Conduct, and Political Speech

Recent conflicts in the Middle East have caused friction/disputes in some workplaces when employees speak their minds. Employee speech issues also often arise from other controversial subjects. This one-hour presentation shall review the legal and practical issues arising from employee speech. More specifically, the presentation shall address how employee speech can implicate:

1. Constitutional protections;
2. Federal, state and local anti-discrimination laws;
3. Employee rights under the National Labor Relations Act; and
4. New York Labor Law, Section 201-d (the New York "Outside Activities" law) its protections and limitations related to speech.

This presentation shall also provide real world practical guidance on how employers and employees can best navigate the complex political, social and legal implications of employee speech.