Is There Really Free Speech In
The Workplace During An Election Season?
presented by Lonnie Giamela
As we begin to become more heavily immersed in the election season, Human Resources professionals reflect upon what rights or limitations are there on employee speech and expression in the workplace. Can an employee wear a certain hat, button or election paraphernalia in the workplace? What happens if an employee’s coffee mug has political speech on it? How do you react if employees are discussing labor related topics, as it applies to political candidate platforms, while in the breakroom?
This presentation will address the laws relating to freedom of speech and expression both within and outside of the workplace. It will also address the obligations of employees to comply with data privacy and other laws in the course of their employment, as well as employee speech regarding union activities and whistleblower protections for employees speaking out against violations of the law.
This presentation will also discuss the language of proper policies relating to these subject matters and responding to complaints involving same.
Learning Objectives include:
- Identification of relevant laws relating to freedom of speech and expression in the workplace;
- Discussion of how to respond to instances where political speech is expressed or paraphernalia used in the workplace.
- Explanation of proper policies to have in the workplace.
Lonnie D. Giamela, Partner, Fisher Phillips LLP
Lonnie Giamela is a partner in the Los Angeles office of Fisher Phillips LLP where he represents business in all aspects of labor and employment law. Lonnie has handled a full range of labor and employment matters, from single-plaintiff to multi-plaintiff, in both federal and state courts in California, the California Court of Appeals, the California Supreme Court and the Ninth Circuit Court of Appeals. Lonnie has also handled arbitrations venued at the National Labor Relations Board, payroll tax audits before the Employment Development Department, unemployment insurance eligibility claims in the California Unemployment Insurance Appeals Board, administrative hearings before the Fair Employment and Housing Commission and multiple hearings at the California Division of Labor Standards Enforcement. Lonnie is a frequent lecturer on employment law topics and has presented close to 400 seminars to management, executives, human resources professionals and employer groups on various topics.