Political Activities in the Workplace: Employer Policies, Employee Complaints

The volatile political environment in which businesses operate today is rife with political-campaign and election-related legal risks. Some issues (like giving employees time off to vote) are simple while others, like campaign finance matters, are complex but subject to an identifiable body of law.

Experiences from the last few election cycles suggest that businesses (or individuals in management positions) may seek to influence employee voting behavior by carrot and stick. Employees with different political views or goals than their employers or managers face an uncomfortable predicament of how to respond to workplace political pressure.

A company's general counsel must know the legal challenges created by a politically charged work environment. Though stifling all political speech may be theoretically safe, it may be unrealistic and subject to legal challenge.

Listen as a cross-section of employment law and election law practitioners outlines the legal landscape for the workplace in today's political environment. Our panel will provide guidance on what employers and employees should and should not do.

1. Overview of election law sources
   1. State
   2. Federal
2. Established or guided areas of the law
   1. Campaign finance
   2. Time off for voting
3. Emerging areas for concern
   1. Employer-management solicitation of funds
   2. Employer-management political pressure
   3. Quid pro quo
   4. Office bans on political discussions

The panel will review these and other high priority matters:

• Identifying hot-button legal risks in election years
• Tapping into resources to legally address those issues
• Recognizing permitted and unpermitted behaviors
• Determining appropriate policies and procedures
• Banning political discourse in the workplace