Compliance Stuff

Escalating culture war conflicts and heightened tensions can spill into the workplace when employee conduct relates to national and global  political controversies . Whether in the office, through the virtual workplace, or via  social media , employee  political  and ideological speech  may require employers to  navigate various legal considerations  and take action . The tensions are continuing to escalate with government agencies’  inviting complaints  and political figures’ urging citizens to report employees to their employers.  Although these conflicts have become more commonplace in recent years, they are layered, nuanced, and continually evolving. Before taking action, employers can help minimize the influence of politicized and polarized opinions by focusing on the following key considerations, which provide a foundation for addressing conflict, responding to complaints, and navigating the potential for litigation.  Key Cons...

  The Board has a quorum again . . . for now. In one of his first acts after taking office, President Trump fired Gwynne Wilcox, a Democratic member of the National Labor Relations Board and former Chairman. I wrote about the Wilcox termination  here  and questioned whether it was valid. Well, according to Judge Beryl Howell of the District of Columbia (an Obama appointee), it isn't. Ms. Wilcox sued the Trump Administration after her termination and moved for summary judgment. In a  decision  issued earlier today, Judge Howell granted Ms. Wilcox's motion and  ordered  that she continues* to be a Member of the Board . *This is not a typo. Judge Howell is saying that Ms. Wilcox never stopped being a Member of the NLRB because her termination was not valid. The judge also denied a motion for summary judgment filed by the Administration and enjoined the Administration from terminating Ms. Wilcox or interfering in the performance of her duties in any way. T...

  How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations. Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace. Social media content created and transmitted entirely outside the workplace without the use of company resources can still create a hostile work environment under certain circumstances and may be cited as evidence of employer bias in a lawsuit. Employers should be aware of their rights to restrict certain uses of social media as well as employees’ rights in this area. With the election around the corner, employers should review and if necessary update their social media policies and otherwise be prepared to act proactively to mitigate social media-related issues before or shortly after they arise. In 2017, former Supreme Court Justice Anthony Kennedy noted in...

How employers deal with politics in the workplace involves a wide range of issues, including an organization’s brand, reputation, and values. Politics in the workplace implicates a substantial number of labor and employment laws, including anti-discrimination laws, the National Labor Relations Act, state mandatory employer-sponsored meeting bans, and voting leave laws. Indeed, conversations regarding political issues can lead to claims of employer discrimination, harassment, or retaliation in violation of federal, state, and local employment anti-discrimination laws. Employers should be aware of their rights to restrict politics in the workplace as well as employees’ rights in this area. With the upcoming election, employers should be fully prepared to act proactively to mitigate issues before they arise. Doing so will lower the risk of employee complaints and simultaneously improve productivity in the workplace. As the 2024 election approaches, protests continue across the country, an...