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The new test for balancing the Establishment Clause and Free Speech Clause for public employees will now be derived from Pickering v. [read post]
30 May 2022, 1:38 pm by Eugene Volokh
The government might be able to do this if it shows that the disruptiveness of the speech to government operations outweighed its value (the so-called Pickering balance, first developed for speech by government employees). [read post]
29 Mar 2022, 5:00 am by Public Employment Law Press
In contrast, observed the court, under the CBA an arbitrator has a range of disciplinary options that may be imposed on the wrongdoer that are much less severe than termination of employment.The New York State Bar Association has posted an article by Sung Mo Kim, Esq. addressing the impact of the Merit Systems Protection Board finding violations of the Hatch Act on the Internet at https://nysba.org/app/uploads/2020/03/HatchActKimMunicipalFall06.pdf.Other "Hatch Act" court decisions… [read post]
29 Mar 2022, 5:00 am by Public Employment Law Press
In contrast, observed the court, under the CBA an arbitrator has a range of disciplinary options that may be imposed on the wrongdoer that are much less severe than termination of employment.The New York State Bar Association has posted an article by Sung Mo Kim, Esq. addressing the impact of the Merit Systems Protection Board finding violations of the Hatch Act on the Internet at https://nysba.org/app/uploads/2020/03/HatchActKimMunicipalFall06.pdf.Other "Hatch Act" court decisions… [read post]
26 Jan 2022, 5:01 am by Bill Baer, Stephanie Pell
  Judge Yvonne Gonzalez Rogers, for example, recently ruled in the Epic v. [read post]