Overview

• Employment attorney Nathaniel Hubley reports an uptick in calls from workers asking about their rights after posting about the incident.
• Experts emphasize that the First Amendment generally does not protect private-sector employees in Indiana from discipline over online comments.
• Legal guidance highlights limited protections for posts related to wages, hours, working conditions or workplace discrimination under the NLRA and Title VII.
• Employers continue to respond to reputational risks, with ABC pulling Jimmy Kimmel Live! and a northeast Indiana business issuing a public apology.
• Workplace advisers urge people to dial down rhetoric and think before posting as companies revisit policies and consider disciplinary actions.