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Keeping You Informed.


Posted by Stephen B. Rotter | Nov 08, 2022 | 0 Comments


1. Many states mandate employers provide paid time off to vote - especially if an employee's shift doesn't allow for at least 2-3 hours to do so. Check your state's laws on their department of labor website. Colorado, for example provides up to 2 hours of paid time off to vote - as long as the employee doesn't have at least 3 hours off when the polls are open (typically before or after their shift).

2. Stopping non-supervisory employees from discussing terms and conditions of employment is a NLRA Section 7 violation.

3. Thus, employees are likely fine discussing politics during their breaks or lunchtime at the workplace if directly connected to how election outcomes may affect their wages, job outlook, and workplace environments.

4. But, employers may prohibit: a) purely political communications in the workplace; b) distribution of political materials in working areas and during working times; c) soliciting for political reasons or candidates during working times; d) communications and conduct that disrupt operations or productivity; and e) communications or behavior that are violent, unlawful or extreme. 

5. "Free Speech" doesn't directly apply to private workplaces. If an employee is blatantly harassing employees about their personal political beliefs and it appears to be disconnected from employment terms and conditions or extreme, employers may ask the employee to stop and/or discipline them

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