Question: A few of my employees want to take time off work to attend political rallies. I have also overheard political discussions in the office. What are my rights as an employer to prevent my staff’s political activity from negatively impacting the office?
Answer: Some employers may want to support and recognize their employees’ political activities and speech. However, other employers may find that it is in the best interest of the business and employees to place certain limits on political expression at work. Employers who want to impose political-related limitations in the workplace should keep in mind the various protections for employee political activity.
Employees have a general right to engage in political activity. California Labor Code section 1101 prohibits an employer from adopting or enforcing policies that interfere with an employee’s participation or engagement in politics. Such participation or engagement can include attending political rallies, running for public office, or joining political organizations. Additionally, Labor Code section 1102 prohibits an employer from threatening an employee with a discharge or loss of employment as a means of coercing or influencing the employee’s political activities.
These protections do not mean that employers cannot have policies that place limits on political speech or activity in the workplace. For example, California law does not require employers to provide time off to employees who wish to attend a rally. Accordingly, a policy that requires employees to request time off for any purpose (including political activities) is appropriate to ensure adequate staffing or to address other business needs. However, employers should be conscious of selective enforcement of policies that may be construed as targeted at political activity or aimed at a certain political view. The key is to treat all requests for time off the same.
Employers may also prohibit disruptive political speech in the workplace. Sometimes, political discussions during working hours can negatively impact the office and its staff. An employer in this situation may implement a policy that prohibits disruptive speech (which includes political speech) during working time or in working areas. Though employees have a general right to engage in political activities, they do not have a right to be disruptive, including yelling, shouting, or arguing. The key to a policy like this is to limit it to working time and working hours and prohibit all disruptive speech (whether or not political).
Employers should also be aware of their speech regarding political matters. California Labor Code section 1137 restricts employers from taking adverse action against employees for declining to attend employer-sponsored meetings or refusing to participate, receive, or listen to the employer’s communications about the employer’s opinion on religious or political matters. Political matters are defined broadly as matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization. An employee who is working at the time of the meeting and elects not to attend a meeting must continue to be paid while the meeting is held.
Political discussions often involve delicate issues. While these discussions are generally protected, employers have some rights to prevent these discussions from negatively impacting the workplace. Employers with questions about their policies or California’s laws relating to their employees’ political activities may contact their labor counsel or HR consultant.