Regulating Employees’ Political Activity

Since the presidential election, thousands of Americans have participated in marches and protests. Some protests, like the National Day Without Immigrants and the upcoming Day Without Women on March 8, specifically request that demonstrators boycott work.

While the Constitution allows private employers to regulate political speech and activity in the workplace, topics like workplace conditions, race and gender may be protected under various state and federal laws. Employers should attempt to remain neutral on such topics and adhere to their usual time-off procedures when employees choose to protest, while recognizing that walkouts may be considered protected in certain circumstances.

— Steve Bernstein, Fisher Phillips