Employers face ever-changing "free speech" protections in the workplace during a period when employees' personal opinions are becoming increasingly polarized.
Employers face ever-changing "free speech" protections in the workplace during a period when employees' personal opinions are becoming increasingly polarized. This topic helps those responsible for workplace policy enforcement and discipline decisions learn to walk the increasingly fine line of protected employee speech and inappropriate employee behavior. The topic will discuss the possible protections for employee speech, including Section 7 of the National Labor Relations Act. More specifically, the information will cover the specific contours of Section 7 protected concerted activity, including when such protection exists and how such protection may be lost. The topic will also discuss enforceable social media and confidentiality policies under the National Labor Relations Board's recent decisions and guidance. After this program, you should feel confident assessing and responding to "free speech" concerns while maintaining respect in your workplace.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Free Speech in the Workplace
- First Amendment
- Off-Duty Activities Laws
- The National Labor Relations Act (NLRA)
Section 7 of the NLRA: The Increasing Relevance of Section 7 Concerted Activities
- Key Section 7 Protections for Employees
- Mere Gripes and Purely Personal Grievances
- The Limits of Section 7 Protected Activity: Atlantic Steel
- Concerted Activities on Email and Social Media
Social Media and Confidentiality Policies Under the NLRA
Best Practices in Addressing Free Speech in the Workplace
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Credit
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 21, 2019.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty

Stephen E. Baumann, II
Littler Mendelson P.C.
- Provides nationwide, risk-adjusted advice to employers of all sizes, from small startups to Fortune 500 companies, about enforcement of non-compete agreements and other unfair competition
- Has successfully negotiated resolutions of countless unfair competition disputes, whether protecting companies and new hires from threats of litigation by former employers or protecting companies’ assets and relationships when employees leave to join a competitor
- Has a robust litigation practice in federal and state courts nationwide, including complex litigation involving trade secrets, noncompete agreements, discrimination, retaliation, harassment, failure to accommodate, and wrongful termination
- Has obtained temporary restraining orders (TROs) and preliminary injunctions following hotly contested evidentiary proceedings to protect the trade secrets, confidential information, and competitive advantages of energy companies, advertising companies, mid-size distributing companies, medical device companies, industrial maintenance and repair companies, and others
- Has also obtained Rule 12 dismissal of allegations seeking a declaratory judgment on enforceability of a non-compete agreement, as well as damages for outrageous conduct, intentional infliction of emotional distress, and invasion of privacy, on behalf of an alternative energy company, including an award of fees and costs against plaintiff
- Author of various articles for Littler Mendelson P.C., including A New, More Restrictive Era for Restrictive Covenants in Colorado and Colorado Criminalizes Certain Restrictive Covenants

Adrienne Scheffey
Akerman LLP
- Attorney in the Denver office of Akerman LLP
- Practice includes litigating class action suits, advising and counseling employers on day-to-day employment matters, including arbitration agreements, social media policies, HIPAA policies, and data privacy concerns
- J.D. degree, summa cum laude, University of Miami; B.A. degree, University of Colorado, Boulder
- Can be contacted at 303-640-2512 or [email protected]
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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