TALKING POLITICS IN THE WORKPLACE: GUIDELINES FOR EMPLOYERS

It’s an election year, and that can bring out the best – and sometimes the worst – in people. In the business world, the people getting the most passionate about elections may likely be your employees who may insist on having discourse on the latest debate. On the other hand, some of your other employees may try to disengage from any hint of talk regarding political beliefs with his or her coworkers and would prefer if conversations of such nature were 86’d from the work environment altogether. As a result of this polarization, many employers feel lost and unsure about what they can and can’t do (and what they can and can’t allow) when it comes to talking politics in the workplace.

As an employer dealing with this very issue, here are some questions you may find yourself asking:

—Is it ok for an employee to display their political affiliation or candidate choice at their desk or workstation?

—Can your employees who are active in local politics hold a small meeting or rally in the breakroom or at lunch?

—What if they post their ideas on social media?

—Do you have to give employees time off to vote?

While these questions may seem overwhelming, rest assured that we’re here to guide you through these complexities and provide clarity on each topic as it pertains to political discussions. So, let’s break each one down:

Is it ok for an employee to display their political affiliation or candidate choice at their desk or workstation?

Employers have more control than they may realize over their employees’ political expression on company premises. It is ok (and recommended) to have ground rules and company policies that are clear about how employees communicate and share their individual political views at work. It’s also good to be prepared and informed about what rights your employees may have.

For instance, an employee might respond, “But it’s my First Amendment right,” when informed that they cannot display their party flag in their cubicle. However, the First Amendment, which protects free speech, applies only to government agencies. This means that employers have the authority to establish policies and guidelines aligned with company values, outlining the expected conduct of employees regarding political expressions in the workplace.

That said, some states have their own rules about politics, and Nevada is no exception. In Nevada, NRS 613.040 states “It shall be unlawful for any person, firm or corporation doing business or employing labor in the State of Nevada to make any rule or regulation prohibiting or preventing any employee from engaging in politics or becoming a candidate for any public office in this state.”

In short, this means you can limit the behaviors your employees exhibit at work when it comes to politics but not what they do in their free time. For example, you may be able to limit or prohibit what your employees talk about during work hours, but you cannot prohibit one of your employees from running for office or attending a political rally in his or her free time.

Can my employees who are active in local politics hold a small meeting or rally in the breakroom or at lunch?

Another area for caution is attempting to stop employees from sharing information about laws that impact the workplace. Suppression of employees from gathering and sharing ideas about voting for minimum wage increases, for example, might violate the National Labor Relations Act (NLRA). Conversations about politics that may impact a better (or potentially worse) workplace for employees may jump the line into NLRA territory, so it’s important to be cautious when considering restrictions on these discussions.

What if our employees post their ideas on social media?

Social media is another gray area as it is more prevalent and visible in your employee’s day-to-day lives and much more difficult to regulate. Many employees find their voice in posting their opinions on various social media outlets, such as X, TikTok, Instagram, or Facebook. Your company should have a solid social media policy that separates the work views from personal views. 

For example, your company’s social media policy may require that employees NOT affiliate themselves with your organization.

Some policies require a disclaimer that posts reflect the viewpoint of the individual, not the company they work for. These policies, while general, can also be applied to political posts that may be problematic for the organization. Because of NLRA, any such policies should be reviewed by Legal Counsel to avoid inadvertently being out of compliance with state and federal laws.

It’s important to note that using company resources (company-issued phone or laptop) or posting political beliefs during company time—regardless of whether it’s on a personal account—can further complicate matters. Any such activities may blur the line between personal expression and professional conduct.

Do employers have to give employees time off to vote?

And finally, what about voting? In Nevada, Employers are required to provide paid time off for employees to vote if it is difficult for them to vote before or after working hours as follows:

Conclusion

As an employer, your responsibility is to set clear guidelines that dictate where and when talking politics in the workplace is appropriate. It is up to you to set guardrails for respectful political conversations and to ensure that a positive workplace atmosphere is upheld, despite your team members’ differing beliefs. As the presidential election season draws on and emotions get high, it is crucial for employers to learn ways to foster an environment that encourages courteous dialogue and maintains professionalism and safety.

Here at NAE, we are well-versed in managing all aspects of navigating an election year with your employees. In fact, next month we will be hosting a webinar about this very topic. Click here to register / join our webinar, “Navigating Politics in the Workplace“. We will cover four main topics:

• Your Rights as an Employer: Can you dictate political discussions at work? What are the boundaries?
• Employee Rights: Are employees protected when it comes to expressing their political views? Is there such a thing as political discrimination?
• Recognizing Harassment and Bullying: Identifying when political discussions escalate into harmful behaviors.
• Nevada Voting Leave Law: Ensuring your workplace policies comply with state regulations.

So, sign up and learn strategies to ensure that your breakroom doesn’t become a conversational minefield between now and November 5th (or even beyond)! As always, you can call us on our hotline or send us an email for more information on this topic!

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