Elections Issues: Soliciting Political Contributions
Author: Marta Moakley, XpertHR Legal Editor
Employers may wish to endorse political candidates in a contentious election. To go the extra mile, employers may wish to solicit employees for political contributions. However, employers should weigh certain pros and cons before engaging in any solicitations in the workplace.
Some employers may wish to set up a political action committee (PAC) under federal election laws and solicit contributions from employees through payroll deductions. If an employee declines to contribute, employers should consider whether discipline should be the preferred response. In some jurisdictions, employers engaging in disciplinary actions based on employee political activities may run afoul of state laws.
In the place of discipline, some employers have distributed non-contributor lists at sponsored events. However, using tactics that tend to shame employees into voting or to coerce them into participating may lead to a decline of employee engagement and decreased overall productivity. In addition, damaging media coverage of employer practices could blemish the organization's reputation or public image.
Check these resources to stay active in the political scene and compliant with local laws.
Employment Law Manual
- Employee Management > Employee Communications > Solicitation and Distribution of Literature
- Employee Management > Employee Discipline > State Requirements
- Payroll > Payment of Wages
- Employee Management > Employee Handbooks - Work Rules - Employee Conduct > Work Rules Concerning Political and Charitable Activity and Employee Expression of Views
- Employee Management > Employee Handbooks - Work Rules - Employee Conduct > State Requirements
Laws and Regulations
- Federal Election Campaigns Act, +2 USCS § 441b(b)(2)
- Federal Election Campaigns Preemption Statute, +2 USCS § 453(a)
- Federal Corporate and Labor Organization Activity Regulation, +11 CFR 114.1
Policies and Documents
- Employee Conduct and Discipline Policy
- Progressive Discipline Policy
- Employee Solicitation Policy
- Solicitation and Distribution Policy