So, can you ban campaign posters and buttons? No laws specifically regulate this sort of partisan activity for private employers and employees. Private employers can decide yea or nay about this, although we recommend that employers have a written policy regulating it. Consider the following:

• If you have a non-solicitation policy that is neutrally enforced, you can refuse to let employees distribute or post flyers at work.
• You may want to remind employees of your policy as Election Day aproaches.
• If an employer prohibits wearing political buttons or posting political posters, the company should be certain that the prohibition is followed absolutely.
• You can also ban slogan buttons or T-shirts as part of your dress code policy, particularly for employees who come into contact with clients or customers.
• If anyone, including the company president, wears an election button, the ban loses its force, and an employee disciplined for violating the policy may have a claim for wrongful discipline or discharge, or even coercion, under state law.
• Also, any embargo on buttons may not extend to union buttons worn during a union organization or election as this is protected under the National Labor Relations Act.

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Free Speech and Discipline

In the late 1960s, the U.S. Supreme Court ruled that government employees could engage in free speech without retaliation. Later, this free speech guarantee was pared back to encompass only speech focused on issues of public interest and not those of private employment interest.

These guarantees have been extended by many states to private sector employees. In many states, a private sector employer may not discipline or fire an employee because the employer does not agree with the employee’s off-duty public comments, as long as they are about something of public concern, like an election or public policy.

Generally, an employee’s politics and political activity are off-limits to employers, pursuant to both federal and many state laws. However, if an employee harasses others because of political beliefs or tries to politically proselytize co-workers, the employee may act to discipline the employee.

Furthermore, if the employer is able to link the person’s beliefs or actions to actual or highly probable business problems, the employer may have some grounds for disciplining the employee.

Dealing with politically-crazed employees—one of, what, a dozen critical challenges on your desk? From hiring to firing, HR’s never easy, and in a small department, it’s just that much tougher.

BLR’s Managing an HR Department of One is unique in addressing the special pressures small HR departments face. Here are some of its features:

• Explanation of how HR supports organizational goals. This section explains how to probe for what your top management really wants and how to build credibility in your ability to deliver it.
• Overview of compliance responsibilities, through a really useful,         2-page chart of 23 separate laws that HR needs to comply with. These range from the well-known Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and new healthcare reform legislation, to lesser-known, but equally critical, rules such as Executive Order 11246. Also included are examples of federal and state posting requirements. (Proper postings are among the first things a visiting inspector looks for—especially now that the minimum wage has been repeatedly changing.)

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• Training guidelines. No matter the size of your company, expect to conduct training. Some of it is required by law; some of it just makes good business sense. Managing an HR Department of One walks you through how to train efficiently and effectively with a minimum of time and money.
• Prewritten forms, policies, and checklists. These are enormous work savers! Managing an HR Department of One has 46 such forms, from job apps and background check sheets to performance appraisals and leave requests, in both paper and on CD. The CD lets you easily customize any form with your company’s name and specifics.

If you’d like a more complete look at what Managing an HR Department of One covers, click the Table of Contents link below. Or, better yet, take a look at the entire program. We’ll send it to you for 30 days’ evaluation in your own office with no obligation to buy. Click here, and we’ll be happy to make the arrangements.

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