Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social media. What can employers do about employees who share messages the employer “dislikes”? California, of course, does not provide many easy answers.

What’s the “Story” With an Employer
Continue Reading Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

Seyfarth Synopsis: Though the election is over, politics continue to boil watercoolers in workplaces across California. So while employers presumably know that they must provide employees with time off to vote—we hope!—they also must recognize that their employees’ political rights are not confined to the polling place.

Employees Have a Broad Right To Engage in Political Activities

A peculiar California
Continue Reading The Perils of Politics in the California Workplace

By Nick Geannacopulos and Emily Barker

With the election upon us, political expression at work likely has intensified and at times may have led to disharmony. We all understand that political speech receives the highest protection in the civil arena—but how far does that protection extend in the California workplace? What if your at-will employee goes on the radio to assert a political stance directly adverse to your company’s interests? Can you stop the company-wide email that asks for contributions to the local independent candidate? Can you require your nostalgic baby boomer to take down his “Nixon’s The One” poster in his office?

A reasonable employer might think that it can regulate, or stop entirely, potentially disruptive workplace conduct that occurs on company premises. But let’s remember once again that California is peculiar: employers here must navigate around strong protections for political activities that apply both in and outside the workplace. Specifically, California Labor Code sections 1101 and 1102 prevent private employers from controlling or attempting to restrict employees from participating in political actions or activities.

Now let’s revisit the examples we mentioned above:
Continue Reading Managing the Two P’s: Profanity and Politics in the Workplace

By Nick Geannacopulos and Emily Barker

You have likely noticed that business interactions and the way people communicate professionally have declined in formality over recent years.  The “Friday Casual” day has become the casual week.  Formal letters have turned into short emails.  Even slang has devolved to emoticons and language unheard of in the workplace a decade ago.  Navigating through

Continue Reading Managing the Two P’s: Profanity and Politics in the Workplace