1. Most states do require employers to provide leave for voting on election day, if needed.
2. Employers are allowed to have policies banning purely political discussions and activity at the workplace, but should balance its enforcement with employees' rights to discuss terms and conditions of employment (e.g., wage hikes, parental leave, etc.).
3. Employers should not discriminate against individuals for their political beliefs, which could create a right of action by employees based on a protected class.
4. Employers should be mindful and allow personal time off for mental health reasons, including anxiety or stress due to the current climate, including the pandemic, the election, childcare needs, upcoming holidays, and end of year work to be performed.
5. Employers should ensure they are protecting their workplaces from potential arguments and negative treatment tied to the election or its results by offering remote work, personal leave, reduced work schedules, EAP reminders, and other anxiety-reducing solutions this week.