When the over-the-top rhetoric and mudslinging of political battles invade the workplace, employers beware. The distraction alone can be bad for business, and racial, ethnic, religious, age and gender-based tensions are often intertwined with political views. Trying to keep a lid on confrontational speech and campaigning behavior, however, is not easy and can raise numerous legal issues. Outcomes can vary, depending on such factors as whether a workplace is in the public or private-sector, religious or secular, union or nonunion or an academic institution. While there is no one-size-fits-all solution, and understanding which laws govern in a specific employer’s situation is very important, here are a few things for most employers to keep in mind:
1. Provide time off to vote. Most states protect employee rights to take time off to vote. Paid time off of up to three hours is available in some states. In California, employees are provided with two hours of paid leave at the beginning or end of their scheduled workday if the employee does not have sufficient time off to vote outside of work hours. Many states require that notice of protected voting time be given by posting a notice in advance of the election.
