We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
Public Safety Video Briefing: Regulating Employee Speech: What Constitutes Workplace Disruption? – August 2021
We are excited to announce a new video series designed especially to serve our public safety clients. Our short Public Safety Video Briefings will tackle cutting-edge issues and core principles relevant to public safety employers. We hope you find these videos useful and thought-provoking.
A SWAT Sniper’s First Amendment Rights Impact a Police Department’s Ability to Discipline Him For a Facebook Posting
In 2015, someone shot a police officer and a suspect was later arrested. While off-duty, a SWAT sniper commented on a friend’s Facebook post which linked to an article about the shooting. He wrote, “It’s a shame he didn’t have a few holes in him.” An anonymous tip came in about the post, there was
Issues Public Employers Face During Mass Protest – Question and Answer
Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country. Many people feel compelled to speak openly and passionately about an issue of national importance. Public employees likely wish to express their views as well, and this includes not
Can Sending an Emoji to a Colleague Expose Me or My Employer to a Claim for Harassment? Tips for Preventing Harassment Claims In the Age of Social Media
If you are a supervisory employee for a public agency or private school in California, or a member of your employer’s human resources department, you have most likely sat through a 2-hour supervisory training regarding preventing harassment in the workplace. You may know this training as “AB 1825 Training.” If you are a non-supervisory employee,
Does the First Amendment Apply to Public Agency Social Media Platforms? Three Cases Work Toward an Answer
This post was authored by David Urban.
Cities, counties, special districts, public educators, and other government entities who invite public comment and contribution on their Twitter accounts, Facebook pages, websites, or other spaces on the internet might face liability for violating the First Amendment if they remove content posted by members of the public
The NLRB’s New Holding On Private Sector Free Speech (And What It Means For The Public Sector)
Last month, the National Labor Relations Board, the federal agency overseeing private sector labor relations, issued its much anticipated decision in Karl Knauz Motors, Inc dba Knauz BMW and Robert Becker (“Knauz BMW”). The Board held that the BMW dealership’s “courtesy” rule, which among other things prohibited employees from making remarks that were
New California Laws Limit Access to Employee, Student Usernames and Passwords
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013. AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose social media usernames and passwords. It also prohibits requiring or requesting employees and students to
NLRB Releases New Report Regarding Employer Social Media Policies
The National Labor Relations Board issued a new report discussing seven social media cases handled by the agency. This report is the third released by the NLRB regarding social media in the last year, and focuses on the policies of seven companies. The report provides guidance to employers who have social media policies or are
New Maryland Law Prohibits Employers from Asking for Social Media Passwords
Maryland recently became the first in the nation to ban employers from asking job applicants and employees for their Facebook and other social media passwords. The law was signed into legislation by Maryland’s Governor approximately one year after the ACLU took on the case of Robert Collins who claimed he was forced to turn over