Political Activity in the Workplace: Considerations for Employers

Now that the Democratic and Republican conventions have concluded and the November 4 presidential election is quickly approaching, employers can expect to see a spike in political activities by their employees. This is especially likely with the potential passage of two major pieces of legislation—the Employee Free Choice Act (EFCA) and the Re-Empowerment of Skilled and Professional Employees and Construction Tradeworkers Act (known as the RESPECT Act)—hanging in the balance. Both bills will become a priority in Congress if the Democratic party is successful in capturing the White House and retaining majorities in both congressional houses.

In this politically charged environment, it is particularly important that employers are aware of federal laws that (1) impact an employer’s ability to prohibit or restrict employees from engaging in political activities, and (2) limit the types of political activities an employer may engage in with respect to its employees during the federal election process.

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