Kacey Riccomini on Navigating Workplace Political Speech and Social Media

Thompson Coburn partner Kacey Riccomini wrote a column for the Daily Journal on advice for employers in anticipation of the upcoming presidential election when it comes to speech in the workplace and on social media.

“Because the First Amendment restricts government action, private employers are generally not prohibited from regulating employee speech at the federal level,” Kacey wrote. “However, some states, including California, provide some protections for employees engaging in political speech.” She noted that the California Labor Code prohibits employers from preventing employees from participating in politics, including becoming candidates, or seeking to control employees' political activities or affiliations.

She wrote that federal protections for workplace political discourse are limited. “Political discussions during working time may be outside the jurisdiction of the National Labor Relations Board (NLRB) unless related to wages, hours, or other working conditions.”

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