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Montana Free Speech – Reminder

26 Oct

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Update Applicable to:

All Montana employers.

What happened?

As previously mentioned in our Vensure Communication on June 13, 2023, a series of amendments went into effect on October 1, 2023. The amendments aim to protect free speech.

What are the details?

(1) Employers are prohibited from taking, or threatening to take, adverse action against an applicant or employee for legal expressions of free speech on their personal social media, UNLESS it violates the employer’s written policy or the terms of an employee’s employment contract.

(2) Employers are prohibited from terminating an employee solely for their legal expressions of free speech in any forum. This protection DOES NOT apply to employees in their probationary period.

For more information, please see the links below:

Vensure June 13,2023

Montana HB343

What do employers need to do?

Employers should carefully review the resources provided, as well as company policies. Seek counsel on how to proceed and implement the new limitations outlined in the bill.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's Montana PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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