Freedom of Speech and the Workplace: Balancing Employer and Employee Rights
Duration: 90 minutes
Speaker: Dr. Jim Castagnera, Esq.
Webinar Description
Imagine the surprise experienced in late October by the three Harvard law students whose job offers were rescinded by a major international law firm because they publicly supported Hamas against Israel. Could the law firm do that?
If these budding attorneys did well in their Constitutional Law course, they know the answer is “yes.” In most respects, the Bill of Rights --- including First Amendment free speech --- stops at the private employer’s front door.
Of course, this isn’t the case for public employers, such as state and municipal governments, where the employees enjoy the full measure of First and 14th Amendment rights.
Additionally, employees at both private companies and public organizations enjoy free-speech rights from a wide range of other sources, some of which are likely to be as surprising to you as their job rescission was to those Harvard students. For example, the National Labor Relations Board interprets section 7 of the national labor law as protecting social-media posts by employees, when these workers are acting in concert for their mutual aid and protection. Other employee-speech protections include a multitude of federal and state whistleblower laws, as well as so-called “Legal Activity” laws insulating off-duty speech from retaliation.
With a contentious national-election year looming, employers’ patience and self-restraint are bound to be sorely tested by activist employees. While you have every right to restrain workplace speech in the name of safety and efficiency, knowing where that right ends and your employees’ rights begin is essential to avoiding lawsuits, agency actions, and worker agitation.
Agenda
Join Dr. Jim Castagnera, Esq., an attorney and law professor who brings a half century of solid experience to this timely webinar. This 90-minute session will cover:
- The First Amendment: what it requires and which organizations it does (and doesn’t) cover
- The employer’s right to restrict speech to maintain a safe and productive workplace
- Employees’ rights to engage in concerted activities, including social-media postings, under Section 7 of the National Labor Relations Act
- The proliferation of whistleblower laws and how to avoid spawning a whistleblower in your workplace
- Legal Activity (Life Style Laws) and the limits of off-duty employee speech
- Limitations placed on public employees’ political activities
- Employer best practices for the politically volatile year ahead
CONTINUING EDUCATION
Continuing HRCI Credit Information
This program has been pre-approved for 1.5 hours of General recertification credit hours through the HR Certification Institute. Use of the seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.
Continuing SHRM Credit
Park Avenue Presentations is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.
Logistics
- 90-minute webinar (Travel-Free) delivered over the Internet.
- Unlimited listeners per connection - bring the entire department.
- Q&A session with the expert.
This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.
What is a webinar?
A webinar is a live Internet based seminar. Webinars are a way for participants in many different locations to see and hear a presentation and view PowerPoint slides. You can also have your colleagues attend the webinar using one connection.
What kind of equipment do I need?
You will need a computer with an Internet connection (high speed service such as DSL or cable works best) and a telephone. You may listen to the webinar through your computer speakers, in which case you will not need to use a telephone connection. Internet access is not required for phone-only participants, but you will not be able to see the speaker’s slides.
How can I share the webinar with my colleagues who may not be able to attend the event?
CDs of each program will be available for sale and can be shared with your business associates.
Can I get a copy of the PowerPoint slides used in the webinar?
The PowerPoint slides will be available on the materials page link in the confirmation email that will be sent to you no later than the morning of the day a webinar is presented.
How do I ask a question during the webinar? Will my question be answered during the presentation?
A question and answer session will be scheduled at the end of each webinar. You can then ask a question by typing it into the question box that will be provided to you duringthe webinar. You may also ask a question through the telephone connection. As many questions as possible will be answered during the Question and Answer period.