Labor and Employment Law

Recent Posts

Two First Amendment Rights, Only One Protected: Last Man Standing (Sort Of) Gets It Right
Posted on 4 Mar 2015 by Donna Ballman

One of my guilty pleasures is watching Tim Allen's show Last Man Standing. Guilty because, unlike the very apolitical Home Improvement, Tim Allen uses his new vehicle to take some slaps at President Obama and liberals in general. In a recent episode... Read More

Supreme Court Clarifies Scope of First Amendment Protections For Public Employees
Posted on 20 Jun 2014 by Barran Liebman LLP

In Lane v. Franks et al ., the Supreme Court unanimously held today that when a public employee testifies truthfully outside of the scope of ordinary job duties, he or she testifies as a private citizen and not as a public employee for purposes of First... Read More

SCOTUS on Public Employee Free Speech
Posted on 20 Jun 2014 by Philip Miles

We're coming down the home stretch of another SCOTUS season. We still have a few labor and employment law cases left ( Noel Canning and Harris v. Quinn ) - we should have decisions in the next week or two. Yesterday, the Supreme Court issued its opinion... Read More

U.S. Supreme Court Agrees to Hear Demoted Detective’s Free Speech Appeal
Posted on 1 Oct 2015 by Bajeerah LaCava

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Oct. 1 granted a petition for writ of certiorari filed by a police detective after the Third Circuit U.S. Court of Appeals determined earlier this year that he failed to prove his case... Read More

Knox v. SEIU - COTW #97
Posted on 27 Jun 2012 by Philip Miles

The Supreme Court issued its opinion in Knox v. SEIU yesterday. It probably felt a bit like the wrong person walking in to a surprise party: the room is filled with anticipation... deep breath... annnnd... and then universal disappointment. "You're... Read More

Court: No First Amendment Right For Teacher to Trash Students Online
Posted on 29 Jul 2014 by Eric Meyer

Welcome to The Employer Handbook. Extending the fifteen minutes of fame of a trash-talking blogger/teacher by a 300 word blog post. Dudes, do you remember Natalie Munroe? She's the teacher who enjoyed a cup of coffee in the spotlight a few... Read More

The Story of Ozzie and Fidel: There is No Free Speech in Corporate America
Posted on 27 Apr 2012 by Donna Ballman

The Miami Marlins suspended new Manager Ozzie Guillen for saying: "I love Fidel Castro," and "I respect Fidel Castro. You know why? A lot of people have wanted to kill Fidel Castro for the last 60 years, but that mother-f***er is still... Read More