It’s the Eve of Election 2016 – Can Employers Communicate to its Employees Support of a Candidate or Measure?

By the time that the next issue of Business Briefs come out, we will have a new President elect and many local and state measures will have been decided, some to the benefit of, and some to the detriment of, others. Can employers communicate to their employees what candidate and/or measure will be most beneficial to the business?

A brochure available online from the California Chamber of Commerce offers employers a concise overview of the do’s and don’ts of communicating with employees about ballot measures. The brochure, “Guidelines for Political Communications to Employees,” points out that informing employees and stockholders about the impact of ballot measures (as well as proposed state legislation and regulations) is within the employer’s rights as a business owner – if the communication is done the right way.

The brochure emphasizes there should be NO PAYCHECK STUFFERS — employers cannot put any political messages in or on employees’ payroll envelopes. Moreover, there should be no coercion, no rewarding or punishing employees for their political activities or beliefs (or threatening to do so).

Employers can communicate with their employees, stockholders and their families about the company’s support of or opposition to state legislation, regulations or ballot measures. Also permissible is encouraging employees, stockholders and their families to support or oppose state legislation, regulations or ballot measures.

Political messages can be communicated to the business’s own employees and their families through such means as: internal mail systems (separate from payroll distribution), email systems, regular mail, bulletin boards, phone bank messages or employee meetings.

Please note that there is a distinction between the handling of internal communications (to employees, stockholders and their families) and external audiences (such as non-stockholder retirees, outside vendors, customers and passersby).

So, make sure you use caution before communicating with your employees or stockholders your support of a candidate or measure.

The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.