In yesterday’s Advisor, we covered what employers can do about heated political discussions in the workplace. Today, sample policies regarding political activity plus an introduction to the indispensible 50×50 (50 Employment Laws in 50 States).
Here’s sample Political Activity Policy number one:
Employees are not to participate in election activities while working and are not to use company facilities to engage in election activities.
When not on company premises, representing the company or using company resources, an employee’s personal conduct is his or her own to regulate.
Employees are encouraged to participate in community volunteer civic activities.
Employees may use paid time off to engage in political or civic activities.
Employees may be granted unpaid personal leave to engage in political or civic activities.
If an employee engages in behavior in violation of this policy or others, the company may review that employee’s behavior and may take action.
And here’s the second sample political activity policy, a somewhat stricter approach:
Employees pursuing their own interests shall not use the company name, trademarks, trade dress, logos, reputation, phone number, stationery or other resources except to the extent required or permitted by their job responsibilities.
Specifically, employees may not use company property (including but not limited to telephones, cell phones, computers, laptops, Internet access, websites, e-mail, copiers, printers, scanners, and facsimiles) to endorse, support, or campaign to register voters, “get out the vote,” or for a candidate or a cause.
Employees’ political activities must not involve the company and must not interfere with the normal performance of their duties or the duties of other employees.
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The company may require employees to remove any political material from their work space, clothing, or property on the company’s premises that disrupts the workplace. Please refer to the company’s respect for dignity and contraband policies for details.
In the absence of the express written permission of the president of the company, no employee may speak on behalf of the company or imply that he or she speaks for the majority of company employees.
Employees with questions regarding the application of this policy to their personal political activities are to contact the Human Resources department for guidance.
If an employee engages in behavior that reflects, or has the potential to reflect, unfavorably on the company or shows a lack of dependability or good judgment, the company may take any corrective action that it deems appropriate.
This policy will be coordinated with the company’s time off to vote policy.
Employees who violate this policy are subject to discipline up to and including discharge.
As you set up your policy on political discussion, remember that state laws may come into play, especially in the areas of privacy and off-duty conduct. Where are you going to go to find out about all your state law obligations? It’s not easy to track the ins and outs of different laws in 50 different states—and that’s where the 50×50 comes in.
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Some of the provisions in the second policy seem potentially troublesome. For example, the prohibition against using trade dress or logos could violate Section 7 of the NLRA by prohibiting the use of the logos on strike signs. And the reference to “behavior that … shows a lack of dependability or good judgment …” could violate state laws against regulating legal off-duty behavior.