Fisher & Phillips Attorneys Encourage Employers to be Mindful of State Voting Laws as Elections Draw Near
Houston, TX, October 30, 2014 --(PR.com)-- This year’s election season is in full swing, with 14 million Texans now registered to vote, the highest number of registered voters in Texas history, according to a recent press release issued by the Texas Secretary of State. Fisher & Phillips LLP, a national labor and employment law firm, advises employers to review Texas voting laws so they don’t run into trouble with employees who wish to take time to vote.
“In Texas, employers run the risk of being criminally charged for refusing to allow employees time to vote unless those employees have two consecutive non-work hours to vote,” said Mauro Ramirez, attorney in the Houston office of Fisher and Phillips. Ramirez continues, “Outside of allowing time to vote, employers cannot penalize employees because they vote or retaliate against employees based on their choice of candidate or measure.”
In Texas, employers that violate the election provisions may face the following repercussions:
-Employers that violate the voting and elections provisions by prohibiting employees from voting are guilty of a class C misdemeanor and can be fined up to $500.
-Employers that retaliate against employees based on their vote are guilty of a third degree felony and can be fined up to $10,000 and imprisoned between two and 10 years.
-Employers that violate the voting and election provisions by providing voting assistance to their employees are guilty of a class A misdemeanor and can be fined up to $4,000, imprisoned for up to one year or fined and imprisoned.
Talking Politics in the Workplace
In addition to voting laws, employers should be cautious when reviewing their policies allowing or prohibiting politically charged conversation in the workplace. While many employees believe they are protected by free speech laws, Ramirez cautions that the First Amendment applies only to "state action" or action by federal, state or local governments. Therefore, employees in the private sector do not have free speech rights and these employers are free to restrict workplace political speech. In fact, an employee who speaks too freely could end up causing legal headaches for their employer.
“As political platforms often involve protected categories such as race, sex, religion, age and gender, employers may risk facing discrimination or retaliation claims if discussions are taken too far,” said Ramirez. “In addition, due to the sensitive nature of many political topics, these conversations may trigger controversy and heated arguments.”
Ramirez says that if employers don’t have political speech policies outlined for workers, now is the time to do so. With the election drawing near and early voting underway, it’s an inevitable topic for socializing employees. According to a 2012 CareerBuilder survey on politics in the workplace, 33 percent of employees share their political affiliation at work and 36 percent of employees admitted to participating in political discussion with coworkers. Of those who engage in political discussions, 23 percent reported the discussion led to a heated argument or fight with a co-worker.
Employers may also go beyond monitoring conversation to restrict political commentary during working hours that may occur using company e-mail or internet access to social media platforms such as Facebook, Twitter or blogs of political candidates, parties or partisan groups on company-provided computers. Private employers can also restrict employees from identifying their employer or providing their job title while supporting political causes, or a particular candidate; and may ban using company cell phones for political activity.
To avoid any potential lawsuits or scuffles in the office during election time, Ramirez suggests that employers review applicable state laws, including those relating to corporate persuasion and solicitation.
About Fisher & Phillips LLP (www.laborlawyers.com)
Fisher & Phillips LLP is a national law firm committed to providing practical business solutions for employers’ workplace legal problems. Labor and employment law is all the firm does, offering deep and broad knowledge and experience in the area of the law the attorneys know best. Fisher & Phillips attorneys help clients avoid legal problems, are dedicated to providing exceptional client service, and are there when you need them. The firm has 300 attorneys in 31 offices. In addition to Houston, the offices are in Atlanta, Baltimore, Boston, Charlotte, Chicago, Cleveland, Columbia, Columbus, Dallas, Denver, Fort Lauderdale, Gulfport, Irvine, Kansas City, Las Vegas, Los Angeles, Louisville, Memphis, New England, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, San Antonio, San Diego, San Francisco, Tampa, and Washington, D.C.
“In Texas, employers run the risk of being criminally charged for refusing to allow employees time to vote unless those employees have two consecutive non-work hours to vote,” said Mauro Ramirez, attorney in the Houston office of Fisher and Phillips. Ramirez continues, “Outside of allowing time to vote, employers cannot penalize employees because they vote or retaliate against employees based on their choice of candidate or measure.”
In Texas, employers that violate the election provisions may face the following repercussions:
-Employers that violate the voting and elections provisions by prohibiting employees from voting are guilty of a class C misdemeanor and can be fined up to $500.
-Employers that retaliate against employees based on their vote are guilty of a third degree felony and can be fined up to $10,000 and imprisoned between two and 10 years.
-Employers that violate the voting and election provisions by providing voting assistance to their employees are guilty of a class A misdemeanor and can be fined up to $4,000, imprisoned for up to one year or fined and imprisoned.
Talking Politics in the Workplace
In addition to voting laws, employers should be cautious when reviewing their policies allowing or prohibiting politically charged conversation in the workplace. While many employees believe they are protected by free speech laws, Ramirez cautions that the First Amendment applies only to "state action" or action by federal, state or local governments. Therefore, employees in the private sector do not have free speech rights and these employers are free to restrict workplace political speech. In fact, an employee who speaks too freely could end up causing legal headaches for their employer.
“As political platforms often involve protected categories such as race, sex, religion, age and gender, employers may risk facing discrimination or retaliation claims if discussions are taken too far,” said Ramirez. “In addition, due to the sensitive nature of many political topics, these conversations may trigger controversy and heated arguments.”
Ramirez says that if employers don’t have political speech policies outlined for workers, now is the time to do so. With the election drawing near and early voting underway, it’s an inevitable topic for socializing employees. According to a 2012 CareerBuilder survey on politics in the workplace, 33 percent of employees share their political affiliation at work and 36 percent of employees admitted to participating in political discussion with coworkers. Of those who engage in political discussions, 23 percent reported the discussion led to a heated argument or fight with a co-worker.
Employers may also go beyond monitoring conversation to restrict political commentary during working hours that may occur using company e-mail or internet access to social media platforms such as Facebook, Twitter or blogs of political candidates, parties or partisan groups on company-provided computers. Private employers can also restrict employees from identifying their employer or providing their job title while supporting political causes, or a particular candidate; and may ban using company cell phones for political activity.
To avoid any potential lawsuits or scuffles in the office during election time, Ramirez suggests that employers review applicable state laws, including those relating to corporate persuasion and solicitation.
About Fisher & Phillips LLP (www.laborlawyers.com)
Fisher & Phillips LLP is a national law firm committed to providing practical business solutions for employers’ workplace legal problems. Labor and employment law is all the firm does, offering deep and broad knowledge and experience in the area of the law the attorneys know best. Fisher & Phillips attorneys help clients avoid legal problems, are dedicated to providing exceptional client service, and are there when you need them. The firm has 300 attorneys in 31 offices. In addition to Houston, the offices are in Atlanta, Baltimore, Boston, Charlotte, Chicago, Cleveland, Columbia, Columbus, Dallas, Denver, Fort Lauderdale, Gulfport, Irvine, Kansas City, Las Vegas, Los Angeles, Louisville, Memphis, New England, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, San Antonio, San Diego, San Francisco, Tampa, and Washington, D.C.
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Fisher & Phillips-- Houston
Morgan Sanders
214-599-8703
www.laborlawyers.com
Morgan Sanders
214-599-8703
www.laborlawyers.com
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