Recently, my colleague Julie Fay and I penned an article for the National Business Officers Association (which represents independent schools) for their national publication “Net Assets Now”. We focused on how schools can address free speech in the context of independent schools.
In the current political climate, independent schools face complex questions about free speech
first amendment
Peace, Love and Misunderstandings
I’ve tried to write this post for over a week now. I should say something about the attack on Israel, right?
Yes, of course. It’s a horrific attack. 1300 men, women and children murdered. Hostages taken. Beyond words and comprehension. The pain of their loss is our loss, which many of us feel personally. No…
Can You Say Anything? Free Speech in Independent and Private Schools
Last week, I had the opportunity to present to the Connecticut Association of Independent Schools, an accrediting agency serving over 90 schools and 30,000 students here in state.
The topic was one that doesn’t get enough attention at times and due to its applicability not to just to schools, but to all employers (public…
“Captive Audience” Bill Passes General Assembly; Will It Pass Legal Scrutiny
With union organizing efforts making headlines at Amazon and Starbucks, a new bill in Connecticut is designed to make it even easier for unions to win organizing votes.
A bill banning so-called “captive audience” meetings won final approval from the Connecticut General Assembly late Friday; it moves to the Governor’s office where his approval…
Bills on “Captive Audience”, Paid Sick Leave, and Non-Compete Agreements On Agenda for Tuesday Hearing
2021 was a pretty busy year when it came to new labor & employment laws for employers in Connecticut.
Even though the legislative session is a “short” session, that doesn’t mean 2022 will be quiet. Indeed, several notable bills are already under consideration by the General Assembly with a hearing scheduled on several bills for…
Free Speech Rights in the Age of Protests and a Pandemic
Lately, I’ve been hearing a lot in the media say that the First Amendment doesn’t apply outside the government.
In Connecticut, that’s just not true — particularly when it comes to the private workplace.
As I’ve written about before, employees do have certain free speech rights that have been codified in state law. Conn.…
The Right to Say Anything in the Workplace? Not Quite
Can you “Say Anything” in the workplace?
Last month, a Silicon Valley CEO told employees that its mission doesn’t include taking stands on political issues outside the financial realm.
As a result, and as reported by the San Francisco Chronicle, “employees were told that internal debates about politics and activism not related to…
BREAKING: Ministerial Exception Bars Discrimination Claims for Catholic Elementary School Teachers
The U.S. Supreme Court today ruled that the “ministerial exception” that bars some employment discrimination claims against religious institutions, also bars such claims by elementary school teachers at private Catholic schools. The case further clarifies an exception that came to prominence back in 2012 and expands the reach of the exception. I noted then…
You’re a Grand Old Flag – A (Very) Brief History in Employment Law
With Independence Day nearly upon us (and with many offices on skeleton crews this week), I thought I would take a very brief look back at a case that has particular relevance to the Grand Old Flag and displays of patriotism in the workplace.
If you’ve never read about Cotto v. United Technologies Corp.,…
Compelled Public Sector Agency Fees Declared Unconstitutional by Supreme Court
The U.S. Supreme Court this morning in Janus v. AFSCME (download here) reversed 40 years of labor law precedent and concluded that requiring public employees to pay “agency fees” for labor unions that they don’t want to belong to violates the First Amendment of the U.S. Constitution.
Previously, prior cases have banned forcing public sector…