Frequently Asked Questions about Regulating Political Activities in the Workplace

Does California law address political activities in the workplace? Yes, California’s Labor Code provides several statutory provisions directed at the regulation of political activities in the workplace.

Where are the laws related to political activities in the workplace found? These provisions are found in California’s Labor Code in Division 2 [Employment Regulation and Supervision], Part 3 [Privileges and Immunities], Chapter 5 [Political Affiliations], Sections 1101 – 1106. Chapter 5 was originally enacted in 1937.

What are employers in this state prohibited from doing? Labor Code Section 1101 prohibits employers in this state from adopting or enforcing any rule or policy that (a) forbids or prevents employees from engaging or participating in politics or from becoming candidates for public office, or (b) controls or directs the political activities or affiliations of its employees. 

Can an employer coerce an employee into engaging in political activities? No, Labor Code Section 1102 prohibits employers from coercing or influencing employees through threatening to discharge any employee from engaging in political activity.

What is the punishment for violating these provisions of the Labor Code? Section 1103 provides that an employer or any person that violates these laws is guilty of a misdemeanor and individuals who are guilty can be imprisoned in county jail for up to one year and be fined up to $1,000, or both. In the case of a corporation, the entity can be fined up to $5,000 for violating either of these sections.

Is an employer liable for violations committed by others in the workplace? Yes, Section 1104 specifies that an employer is responsible for the acts of the employer’s managers, officers, agents, and employees.

What freedom of speech rights do employees have in the workplace? As a general rule, employees of private companies do not have First Amendment rights regarding political speech. For employees of public sector entities, a balancing test is used and factors a public employer’s rights of maintaining the workplace against an employee’s rights of political expression.