Social Media and the Workplace: Free Speech Meets Employment Law

Social Media and the Workplace: Free Speech Meets Employment Law

Social media is everywhere today. Ever wonder how the role social media plays into the employer/employee relationship? In this episode, guests Aaron Holt and SaNni M-K Lemonidis, both experienced labor and employment attorneys, join host Matt Greer for a deep dive into the murky waters of who said what where and to whom. Can employers regulate what an employee says on a social media channel – say Facebook or X? It depends. The “manner and method” of our free speech outside of work still matters. It’s about content and context. Harassment and discrimination matter still matter. Try the “water cooler principle,” if  a comment was made on social media, ask if the same comment was made at work around the water cooler, would the boss feel obligated to act. If the answer is yes, then action is likely required. This is a fascinating field, nuanced and sometimes dependent on the size of a company and capacity for control as well, as the company’s own use of social media in outreach and marketing. The laws, and EEOC guidance, haven’t changed. But the environment we live and work in has. Basic principles still apply. For employees, be nice to each other. For employers, do your best to ensure no one is being harassed or bullied. If someone says there’s a problem, employers can protect themselves by investigating complaints and developing and adhering to consistent policies. REFERENCES MENTIONED:  Title VII of the Civil Rights Act of 1964 [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] NLRB v. Pier Sixty, Justia Law [https://law.justia.com/cases/federal/appellate-courts/ca2/15-1841/15-1841-2017-04-21.html] Equal Employment Opportunity Commission  [https://www.eeoc.gov] Okonowsky v. Garland, Justia Law [https://law.justia.com/cases/federal/appellate-courts/ca9/23-55404/23-55404-2024-07-25.html]  Connick v. Myers, Justia Law  [https://supreme.justia.com/cases/federal/us/461/138] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Remote or In Office? Changing How We Communicate and Resolve Differences.

What are irreconcilable workplace differences, and are they on the rise? Trickier issues are coming up these days and are challenging the status quo. As how and where we work changes, when do misunderstandings become a disruption, and what do we do next?  Fact is, the workplace is a social situation as much as a labor issue, and learning how we interact with each other is more important than ever. Friendships, relationships, cliques, supervisory roles, and generational gaps factor into the workplace environment. And then there’s the law. It’s a lot to digest. Working from home, a return to work in the office, and an increasing understanding of mental health and workplace balance are all creating frictions and new challenges. Remote work since the pandemic has only complicated issues. Communication is more important than ever. And it’s not easy.  Workplaces are made of humans. And we’re all human. When all you have is a hammer, all problems look like a nail. When we’re litigators, maybe litigation looks like the solution. But sometimes, understanding the bigger picture and the humanity, and addressing issues before they become lawsuits, come into play. This discussion may change the way you think.   REFERENCES MENTIONED: Title VII of the Civil Rights Act of 1964 [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] National Employment Lawyers Association [https://www.nela.org/] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Religious Employers and Employment Law: Whose Rights?

Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers.  Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws. A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter. This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon?  Mentioned in This Episode: Title VII of the Civil Rights Act of 1964, EEOC [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] “Ninth Circuit Rules in Favor of Employers in Two Recent Religious Discrimination Cases,” New York University School of Law [https://wp.nyu.edu/compliance_enforcement/2026/01/21/ninth-circuit-rules-in-favor-of-employers-in-two-recent-religious-discrimination-cases/] “LeBoon v. Lancaster Jewish Community Center Association,” U.S. Third Circuit Court [https://caselaw.findlaw.com/summary/opinion/us-3rd-circuit/2007/09/19/152638.html] “McMahon v. World Vision,” Ninth Circuit Court [https://cdn.ca9.uscourts.gov/datastore/opinions/2025/08/05/24-3259.pdf] “Union Gospel Mission of Yakima Washington v. Brown,” U.S. Ninth Circuit Court [https://cdn.ca9.uscourts.gov/datastore/opinions/2026/01/06/24-7246.pdf] “Conway v. Mercy Hospital St. Louis,” Justia.com [http://justia.com] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Where Immigration and Employment Laws Collide, A Global Perspective

Coming to us from the November ABA Labor and Employment Section’s annual conference, we bring together two employment law experts with unique perspectives on the nexus of immigration and employment law. Representing workers, guest Monica Guizar works with the Service Employees International Union, while Marcia Longdon of the firm Kingsley Napley brings an employer – as well as an international – perspective.  Dramatic policy shifts crafted by the Trump Administration’s immigration policies are shaking up both immigration and employment law. Recently, Guizar says, we’ve seen immigration raids at workplaces, along with mass deportations. In some cases, the U.S. government has even removed legal status from workers who previously had permission to work. Even workers on skilled labor visas are impacted.  Based in the United Kingdom, Longdon sees some similarities in policy shifts both there and in the U.S. as politics plays a role in immigration and labor issues. She explains international guidelines for hiring workers across borders to fill specific needs.  One thing is clear, workers, employers, and employment lawyers are left to untangle swirling regulations and enforcement policies. Now throw in individual state laws and union representation issues. It’s a new world.  Mentioned in This Episode: U.S. Department of Labor, Project Firewall [https://www.dol.gov/newsroom/releases/osec/osec20250919] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]

Former EEOC Chair Charlotte Burrows on the State of Workplace Protections

Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission).  Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law.  When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity.  Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing.  Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others. Live from Denver and the ABA Labor and Employment Law Section Annual Conference, a conversation with guest Charlotte Burrows on gender discrimination and the status of the EEOC (Equal Employment Opportunity Commission).  Host Matt Greer talks in person with Burrows, the former chair of the EEOC and a fellow at both the University of California Berkeley’s Applied Technology Policy group and the New York University School of Law.  When most people spend the majority of their adult lives working, Burrows says there’s nothing more important than workplace protections against discrimination, sexual harassment, and abuse, regardless of sex and gender identity.  Today, recent attempts to roll back many protections have brought the mission of the EEOC into the spotlight. Hear from a lifelong fighter for workers’ rights about how the tug of war over conflicting interpretations of the law, along with staffing cutbacks and shortages at the EEOC, are impacting workplace rights, protections, and case processing.  Also, a few minutes with Salomon Chiquiar-Rabinovich Ph.D., 2025 winner of the ABA Labor and Employment Law Section’s Honorable Bernice B. Donald Diversity, Equity, and Inclusion in the Legal Profession Award. Chiquiar-Rabinovich came to the US from Mexico and shares his inspiring story of immigration, his thirst for knowledge, and overcoming challenges and a disability in his service to others. Mentioned in This Episode: Equal Employment Opportunity Commission [https://www.eeoc.gov/overview] Meritor Savings Bank v. Vinson, Wikipedia [https://en.wikipedia.org/wiki/Meritor_Savings_Bank_v._Vinson] EEOLeaders.org  [http://eeoleaders.org] EEOC Title VII [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC  [https://www.americanbar.org/groups/labor_law/events/upcoming/] ABA Labor and Employment Law Section [https://www.americanbar.org/groups/labor_law/]