As the November election approaches, employers may find themselves balancing the demands of the workplace with the rights of employees to participate in the democratic process. Here are a few important steps to help your employees take part in the upcoming election while also preventing legal issues and conflicts.
1. UNDERSTAND STATE VOTING-LEAVE LAWS
While federal law does not require employers to give employees time off to vote, most states and some local ordinances have their own rules about voting leave, including whether nonexempt employees should be paid for the time off. That's why it's important to review the voting-leave laws in the states where your business operates, and where your employees work to determine if you need to give employees time off to vote, how much time is allowed, and whether leave should be paid.
In general, state laws fall into three categories:
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Paid Voting Leave. Some states require employers to provide paid leave for employees to vote. For instance, Illinois allows two hours of paid leave to vote under certain circumstances.
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Unpaid Voting Leave. Other states, like Texas and Georgia, provide voting leave but do not require the time off to be paid.
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No Voting Leave. Some states have do not have voting leave laws.
🎯What Employers Should Do:
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Communicate Your Voting Policies to Employees. Once you determine state requirements, communicate your voting leave policy to all employees. Ensure that the policy is in writing, easily accessible, and shared in advance of Election Day.
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Be Flexible. Even if your state doesn’t mandate voting leave, consider offering flexible work hours for employees to vote.
2. REVIEW LAWS ON POLITICAL EXPRESSION IN THE WORKPLACE
Your workplace can be a minefield for political expression. Here are a few legal considerations when it comes to free speech and political expression.
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Federal Law. The First Amendment protects free speech, but it primarily restricts government actions, not those of private employers. As a result, private-sector employers generally have the right to regulate political speech in the workplace as long as the policies are enforced fairly and consistently.
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National Labor Relations Act (NLRA). While employees do not have First Amendment rights to free speech in the workplace, including expressing their political views, employees are protected under the National Labor Relations Act (NLRA) to express opinions about work-related matters that may be considered political topics. Employers should be cautious when limiting such discussions, as they may be protected under this act.
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State Laws. State laws vary and may provide additional protection for political expression and activities in the workplace.
🎯What Employers Should Do:
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Educate Your Employees. Understand your responsibilities under the law and communicate policies that balance employees' rights to political expression with the need to maintain a respectful and productive workplace.
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Train Supervisors and Managers. Train supervisors and managers on how to identify when political conversations are crossing the line to prevent an uncomfortable work environment.
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Get Legal Advice. When in doubt, always check with your legal counsel before taking disciplinary actions.
3. ESTABLISH WORKPLACE POLICIES
Define workplace conduct during the elections and apply these policies consistently to avoid potential bias or discrimination. Policies to consider:
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Time-Off for Voting. State laws vary for voting-leave. For example, under New York state law, employers are required to give employees two hours of paid leave if employees do not have at least four consecutive nonworking hours to vote while polls are open. Also, 10 days before Election Day, employers must post a notice, prepared by the New York State Board of Elections, informing employees of the voting leave protections. The notice must be posted in a visible location and remain posted until polls close on Election Day. Employees are required to give employers notice of the need for time off no more than 10 days and no less than two workdays before Election Day.
Determine the state laws that apply to your business and provide the details on time-off allowed, specifics on pay, and the process for requesting leave. -
Political Activities at Work. Define the parameters of political activities that are and are not permissible at work, such as political discussions, distribution of political materials, and using company resources, such as email, phones, printers, etc., for political purposes.
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Dress Code and Political Apparel. Your dress code policy should be part of a broader one that focuses on professionalism and avoids singling out political expression alone.
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Social Media Use. Outline what’s acceptable and not when discussing politics and the election at work. Also, make sure employees know they cannot suggest that they represent their employer’s views on their personal social media accounts.
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Election Day as a Company Holiday. Some companies choose to designate Election Day as a paid holiday, allowing employees the entire day to vote or volunteer at polling stations.
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Flexible Work Options. Offer flexible work hours or remote work for accepted Election Day-related activities, such as voting, volunteering, or working the polls.
4. WHEN TO CONSULT LEGAL COUNSEL
Voting is a fundamental right, and many states have laws to ensure employees can exercise that right without fear of job loss or pay cuts. Here are a few situations where you may need legal guidance:
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Adverse Treatment Related to Political Affiliation or Activities. Ensure that your workplace policies prevent discrimination, harassment, or retaliation based on an employee’s political affiliation or activities. For example, employees should not be pressured to support, or oppose political candidates, or be required to vote or attend political events.
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Conflicting State and Federal Laws. If there’s a discrepancy between federal law and state law regarding political activities or voting leave, legal counsel can help navigate the laws that apply to your business.
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Handling Employee Complaints. If an employee files a complaint regarding political harassment or discrimination, seek legal advice immediately to avoid potential liability.
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Labor Law Considerations. If employees engage in political discussions that may be protected under the NLRA, legal counsel can help determine how best to proceed without infringing on protected rights.
☑️VOTE YES! FOR A POSITIVE & PRODUCTIVE WORKPLACE
By understanding voting-leave laws, respecting political expression rights, creating clear workplace policies, and knowing when to seek legal advice, you can support your employees’ participation in the electoral process while maintaining a positive and productive workplace.
PLEASE NOTE: This information is for general reference purposes only. Because laws, regulations, and filing deadlines are likely to change, please check with the appropriate organizations or government agencies for the latest information and consult your employment attorney regarding your responsibilities. In addition, your business may be exempt from certain requirements and/or be subject to different requirements under the laws of your state. (Updated October 23, 2024)
About Propel HR. Propel HR is an IRS-certified PEO that has been a leading provider of human resources and payroll solutions for more than 25 years. Propel partners with small to mid-sized businesses to manage payroll, employee benefits, compliance and risks, and other HR functions in a way that maximizes efficiency and reduces costs. For more information, visit www.propelhr.com.