Faruqi & Faruqi, LLP on Free Speech & Workers Rights in New York

Faruqi & Faruqi, LLP is a New York-based legal practice that focuses on civil litigation. The firm is concerned with business, class action, and workers’ rights, among other important facets of civil law. The firm has won many high-level cases for its clients, recovering significant settlements and awards. As a firm active in New York and additional communities it serves, Faruqi & Faruqi, LLP has seen first hand how modern businesses are treating their workers; both fairly and unfairly.

Workers’ rights and free speech are of special concern to the people of Brooklyn. In the business world, employees are often concerned about their free speech rights when they are on company time. In modern times, employees have also grown increasingly concerned with how their communications online are being monitored.

First Amendment protections in the private sector are limited under the law. Employers have the right to restrict speech and expression that is considered offensive or which contradicts company policy and company values. However, employees have the right to discuss wages, hours, and working conditions.

When determining whether a private sector employee in Brooklyn has the right to free expression in the workplace, anti-discrimination laws must be considered. If employees of certain ethnic backgrounds, religions, and spoken languages are allowed to speak freely while others are not, this is a concern that could be litigated. If the employee in question is a whistleblower, their right to publicize their speech needs to be protected.

Public sector employees have broader protections under the First Amendment, but their free speech at work is constricted by certain regulations. Public sector employees have more freedom when they are discussing topics that do not directly relate to the course of their work.

For example, the Supreme Court ruled in 1987 that a public sector employee had the right to tell a coworker that she wished someone would assassinate the President. Since this opinion had nothing to do with her job, the Supreme Court ruled in her favor.

In a contrasting ruling from 2006, the Court found that a deputy District Attorney in California did not have the right to argue that a prosecution is dropped because of a faulty search warrant. These seemingly contradictory opinions may be confusing to those who are not familiar with the law, but the Court found that if public sector employees were allowed to sue over free speech in the course of their jobs, it would cause an undue burden on government.

Brooklyn employees have always been deeply concerned with the topic of workers’ rights. Historically, New York City has been the cradle of the labor movement. The infamous Triangle Shirtwaist Factory fire in 1911 brought about far-reaching change in employee protections from unsafe working conditions. Union workers in Brooklyn fought against the 60-hour work week and unfair wages. For over a hundred years, New York City workers have stood up for themselves and ensured fair treatment under the law.

There are many federal and state laws which determine an employee’s rights. Employees have a right to privacy while they are in the workplace. This covers personal possessions, mail, telephone calls, and voicemail, but does not cover email or electronic messaging except under limited conditions. Employees have the right to a workplace which is free of discrimination based on protected classes such as race, religion, disability status, and age. Employees also have the right to standardized work hours and breaks. Overtime requirements and salary are also covered by these laws.

When employers violate labor laws or restrict free speech, employees often have legal recourse to sue. When in question, an employee should reach out to an expert. A competent law practice like Faruqi & Faruqi, LLP can help employees receive the compensation to which they are entitled in these cases.