Politics in the Workplace: Top Issues for Employers This 2024 Election Season

Elections are often divisive - particularly when it is a presidential election cycle. Polarizing campaign tactics that leverage wedge issues, economic uncertainty and social unrest all contribute to a charged national climate. The 2024 election season exemplifies these challenges, the effects of which often make their way into the workplace. As a result, employers should consider certain measures to address these challenges in a way that is compliant and maintains productivity, while also supporting employees' ability to engage in respectful discussions and participate in the election process itself. This article surveys some of the top issues employers should consider.

Voting Leave

Many states have voting leave laws that require an employer to allow employees time off to go to the polls. But an employer should think beyond just compliance and consider how to support employees' participation in the election process.

For example, an employee may be eligible to receive up to two hours of voting leave on Election Day under applicable state law. However, with potentially long waits at the polls, providing additional leave time (or flexibility in hours) may be advisable. An employer also may offer paid time off (PTO) for employees to volunteer to work at the polls.

In addition, employers should think twice before disciplining employees on Election Day if they are late arriving at or returning to work after voting. Tracking employee attendance and combating absenteeism are serious productivity concerns; however, employers should be encouraging, not discouraging, voting during election season.

Doing so may mark an organization as an employer of choice and help establish industry best practices and standards for supporting the democratic process.

Employers should:

Disciplining Employees for Their Political Activities

Disciplining employees for political activities - such as engaging in political discussions, posting about controversial topics on social media or campaigning for a particular candidate - may appear to make good business sense. After all, workplace political discussions during a contentious campaign season may lead to arguments, bullying and harassment. As a result, employers may choose to enforce existing work rules that address bullying, soliciting, and the improper use of company resources, computers and email systems for political communications.

An employer should enforce any rules and policies consistently and uniformly. For example, do not discipline employees who support one candidate for distributing campaign literature while looking the other way when employees supporting an opposing candidate do the same.

But employers should guard against violating an employee's constitutional or legal rights unintentionally during an election season. Some states specifically allow employees to engage in off-duty political activities, such as attending rallies or protests, gathering signatures on a petition or volunteering for a campaign.

Employers should:

Employer-Sponsored Political Activities

Some employers may want to be politically involved, engaging in election and political activities such as:

  • Endorsing candidates;
  • Requiring employees to attend campaign events or meetings;
  • Soliciting donations on behalf of a candidate or political cause;
  • Asking employees to give up a day's pay to attend a political event; or
  • Limiting employee time away from work to vote.

However, these activities present several potential compliance pitfalls. Rules and regulations with respect to these activities differ by jurisdiction. An employer should be aware of applicable legal and regulatory requirements before engaging in any political activities during the election season.

Soliciting Political Contributions

Employers may choose to endorse a political candidate or party or certain political positions when the issues at hand seem particularly important to the organization's operational well-being and profitability. The stark differences between candidates' and parties' policies and positions that have become the norm over the past few legislative cycles - whether at the federal, state or local levels - may drive an employer to solicit employees for political contributions. However, employers should carefully weigh the pros and cons before making 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, an employer should think through whether discipline - of any kind - should be the preferred response. In some jurisdictions, employers taking disciplinary actions based on employee political activities or affiliations may run afoul of state laws.

In place of discipline, some employers distribute 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 in overall employee engagement and decreased productivity. In some instances, co-workers may exclude the employee based on perceived affiliations or leanings. In addition, such coercion again may violate the laws of certain states.

Not only that, but potentially damaging media coverage of such employer practices could also blemish the organization's reputation or public image.

Federal rules under the Federal Corporate and Labor Organization Activity Regulation should also be consulted before soliciting political contributions from employees.

Sponsoring Campaign Events

Employers considering holding campaign events at the workplace need to balance the overall benefit of the preferred candidate winning the election with any potential disruption in the workplace that could result in a decrease in productivity. In addition, when holding a campaign event at a worksite, employers should ensure that safety plans are in place and all security measures are followed.

Mandating attendance during working hours may also raise wage and hour issues. Employers should comply with applicable wage and hour laws when requiring attendance at a campaign event, during both working and non-working hours. Supervisors should be trained in compensation rules to avoid costly regulatory fines.

In addition, some states have laws regarding mandatory meetings to convey an employer's opinions on political matters. These laws prohibit employers from disciplining, threatening or taking adverse actions against an employee who refuses to attend such a meeting. Furthermore, the General Counsel of the National Labor Relations Board (NLRB) has expressed the opinion that such meetings likely violate employees' rights under the National Labor Relations Act (NLRA) when a political meeting is about unions or other workplace issues. 

Employers should:

Free Speech at Work

Oftentimes, employees mistakenly believe that the First Amendment of the US Constitution grants them free speech rights at the workplace. While public employees have free speech protections in the workplace (provided they are speaking as private citizens about a matter of public concern and it does not interfere with their job), private employees have very limited First Amendment rights in the workplace. Therefore, employers may issue workplace policies that limit political speech, including dress code policies banning the wearing of clothing, hats or buttons with slogans that support or oppose a political cause or candidate, e.g., Black Lives Matter or Make America Great Again.

Employers need to be cautious, however, that any restrictions do not infringe on employees' right to engage in speech that concerns NLRA rights to self-organize and engage in protected concerted activity. Remember to be consistent and uniform when enforcing policies and avoid showing favoritism.

Employers will want to ensure workplace policies and employee handbooks statements are updated as needed, including:

At-Will Employment Policy

Dress Code and Appearance Policy;

Union Avoidance Policy; and

Bulletin Board and Email Policies.

Hot-Button Issues

A presidential election is typically a contentious time for the nation, but this particular election season will likely stir up passionate and divisive workplace discussions over a number of topics, including:

  • Immigration: Whether it is talk of securing the US's southern border, allegations that immigrants are taking jobs from US citizens or arguments to change the working visa programs, immigration is one of this year's hottest issues.
  • Abortion and reproductive rights: The issue of abortion and reproductive rights has always been divisive, but it is now a prominent issue for candidates and employees in the wake of the Supreme Court overturning Roe v. Wade. Many individuals are making voting decisions based on the candidate's stance on abortion and women's reproductive rights. Of note is the fact that individuals are also making employment decisions based on their employer's (and state's) position on the issue.
  • LGBTQ+ rights: Equal rights and legal, social and medical protections for members of the LGBTQ+ community continue to be key political issues. Protections and rights for the transgender community, in particular, are also the subject of staunch political debate and legislative actions.
  • Foreign affairs: The vast global unrest is leading to many unknowns - political, social and economic - that are fueling anxiety, anger and fear among many. Employees may have personal connections to a regional conflict, whether it be between Ukraine and Russia or Israel and Hamas, which may also lead to heated discourse between co-workers. The role of the US in responding to these and other conflicts is an issue that will certainly be top of mind for many.  

Employers need to ensure that they provide an inclusive and professional culture and climate during a contentious election season. Rather than waiting for verbal disagreements (or worse) about hot-button issues, remind employees civility is a nonnegotiable expectation for workplace behavior and that that they are required to maintain respectful workplace conduct, even with those with whom they disagree.

Employers can work to provide a safe and productive workplace during a divisive election season by:

Additional Resources

Election 2024: Addressing Employee Social Media Use