Political Speech and Election Laws at Work

Voting Law Posters

Notices must be posted today, October 28, 2022 and must remain up until November 8, 2022. The poster must be posted where it can be seen by employees as they enter or exit the building. 

The Voting Leave Law requires that employers post notification of this law at least 10 days prior to the statewide election.

Time Off to Vote

The California Voting Leave Law states that an employee is entitled to up to two hours of paid leave to vote, but they must give advance notice of the need for the leave. Employees are eligible to take time off for voting, ONLY if they do not have sufficient time outside working hours to vote. They can be given as much time as they need to vote, however, only a maximum of two hours is paid. Employees may only take time at the beginning or end of the employee’s shift.  

The Polls are open from 7:00 a.m. to 8:00 p.m.

Can Employers Express Political Views?

In California, employers may communicate with their employees, stockholders, and their families about a company's support of or opposition to state legislation. Employers may also encourage employees to support or oppose state legislation, regulations, or ballot measures and inform them of the effects they might have on the company.

What Employers Cannot Do

What employers are not permitted to do is control or direct the political activities of employees, threaten to discharge or terminate employment, or reward or punish employees for their political activities or beliefs.

Employee Political Speech

The California Labor Code protects an employee’s right to lawful off duty activity, including lawful political activity outside of the workplace. The National Labor Relations Act (NLRA) also protects employee political speech, if it’s related to improving working conditions. If a political discussion between employees escalates to a level that might implicate the Fair Employment and Housing Act (FEHA), like it could be construed as hate speech, for example, then an employer would have the ability to discipline and take more control over the situation.