Posts tagged Florida.

Could be -- at the state level.

The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection.

However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of legitimate public concern – are well served to choose their words, as well as the times and forums in which they communicate those words, very carefully.

Just ask Michael Todd Snipes, a former law enforcement captain for the Beach Safety and Ocean Rescue Department in Volusia County, Florida. Capt. Snipes was fired for making racially insensitive comments on his Facebook page and in group text messages sent to several of his fellow officers.

In freedom of speech cases, the context in which a thought or idea is communicated often matters a great deal. Although there is never a good time to make racially insensitive remarks, Capt. Snipes’ timing was particularly ill-considered.

On the recent uproar involving a major, major employer and its recently-terminated employee:

No. 1. Is it a good idea to provide an "open forum" to employees if there are certain topics that are off limits? No. If you want to provide a forum for employees to speak up, but only "within reason," then it's a good idea to establish and communicate your limits in advance. That way, if ...

*sob!*

Bloomberg BNA reported last night that Philip Miscimarra, Chairman of the National Labor Relations Board and a voice of reason, will be leaving when his term expires on December 16 of this year.

Chairman Miscimarra said that he had been asked to stay for another term but decided not to because he had three kids going to college. Reading between the lines (not very difficult in this ...

The U.S. Senate yesterday confirmed Marvin Kaplan's appointment to the National Labor Relations Board, which means that there is now an equal number of Republicans and Democrats on the Board.

William Emanuel, a management-side attorney from Littler Mendelsohn, is the last Trump nominee to the Board. His confirmation vote will not take place until after the Senate's August ...

Our tax dollars at work.

In a recent lawsuit filed in federal court in Florida, the Equal Employment Opportunity Commission has asserted a claim of sex discrimination against a gentlemen’s club in Florida for allegedly refusing to hire a man who applied for a bartending position. According to the complaint, Sammy’s Gentlemen’s Club informed the male applicant that it “did ...

Supreme Court agrees to review "travel ban" cases and partially stays injunctions on the ban pending a final decision. The Trump Administration won a partial victory this week when the U.S. Supreme Court decided that portions of the Hot Dog Man.flickrCC.JeleneMorrispreliminary injunctions against the "travel ban" issued in March should be stayed. What that means is that the travel ban is now in effect for foreign ...

And may it die quickly. The U.S. Department of Labor has taken formal regulatory action to rescind the Obama Administration's "Persuader Rule." The DOL has been enjoined from enforcing the rule since November 2016, but the latest action will presumably end it for Hot Dog Man.flickrCC.JeleneMorrisgood. Let's hope. David Phippen of our Washington DC Metro Office has the details in this Client Bulletin.

Mayor de Blasio ...

You want my salary history? That's sex discrimination! Well, actually, it's a little more complicated. Kacy Coble of our Memphis Office has a Hot Dog Man.flickrCC.JeleneMorrisgreat post over at FOCUS, our women's leadership blog, about the perfectly legitimate, non-discriminatory reasons why employers sometimes use salary history in setting pay -- and how alternatives may be even more unfair. As state and ...

Donald Trump caricature.flickrCC.DonkeyHotey
"Yuuuge, I tell ya, yuuuge!"

Yesterday, the Trump Administration released its proposed budget for Fiscal Year 2018, which runs from October 1, 2017, through September 30, 2018. Here are the highlights related to labor and employment law, and there are a BUNCH. The following is a compilation of a number of articles published in yesterday's edition of Bloomberg BNA's Daily Labor ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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