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
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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.…
Everything You Wanted to Know About Paid FMLA
Amid the craziness that is 2020, employers need to be preparing for the rollout of the paid family and medical leave insurance program. Certain aspects of the program become effective in just a few short months — January 1, 2021.
To that end, my firm is hosting the first of several webinars this month on…
Expanding Employee Free Speech Rights: How Bad Is the Court’s Decision for Employers?
In yesterday’s post, I alerted you to a new Connecticut Supreme Court decision (Trusz v. UBS Realty Investors, LLC) that expanded employee free speech rights under the Connecticut Constitution.
But I wanted some time to think about the answer to the following question: How much did the court expand it?
And to…
Implicit Bias: What We Can ALL Learn About It in the Workplace
After the longest break away from this blog in 8 years (some purposeful, some not — and albeit not very long), it’s time to break from the summer doldrums and start thinking again.
Last week, I had the opportunity to introduce a former law professor of mine — Professor Kimberly Norwood — at my firm’s…
Court: Connecticut Constitution Provides Greater Free Speech Rights For Employees
Does the Connecticut Constitution provide an independent and greater right of free speech for public (and even private) employees than the First Amendment of the U.S. Constitition?
That was a question left unanswered in last year’s precedent-setting Schumann decision by the Connecticut Supreme Court that I handled, where the court stated: “We decline to reach…
WESFACCA’s “A Day of Privacy”: Social Media & The Workplace
On Thursday, April 18th, the Westchester/Southern Connecticut Chapter of the Association of Corporate Counsel (known as “WESFACCA”) holds an event that you’re not going to want to miss.
Entitled “KEEP IT SECRET. KEEP IT SAFE. Privacy Developments, Requirements and Practical Applications for Corporate Legal Counsel”, the day-long program in Darien, Connecticut, will focus on things…
Federal Court Suggests Connecticut Constitution Protects Private Employee Speech
Earlier this summer, the Connecticut Supreme Court issued two decisions that held that the free speech protections in Conn. Gen. Stat. Sec. 31-51q were limited by the U.S. Supreme Court’s decision in Garcetti v. Ceballos. To grossly oversimplify, an employee (public or private) whose speech related to their official job duties, was not entitled…
Employee’s Speech Against Employer May Be Protected by First Amendment
Ever since the U.S. Supreme Court ruled in Garcetti v. Ceballos that an employee’s speech pursuant to the employee’s official job duties was not protected by the First Amendment, employers have attempted to use that case as a shield against free speech lawsuits by employees.
But a decision by a federal court in Connecticut late…
What Would The NLRB Think of Apple’s Social Media Policy?
This morning, I had the opportunity to talk with members of the Greater Valley Chamber of Commerce about social media and the law. My thanks to that organization for the invitation.
We talked for a while about the National Labor Relations Board’s stance on broad social media policies — something which I’ve discussed many times…