Law Week Colorado Covers Sherman & Howard’s “L&E Live” Presentation on Political Speech in the Workplace

DENVER, Colo. (October 6, 2020) — Sherman & Howard’s five-week virtual Labor & Employment series was covered in a Law Week Colorado article titled “The Pros and Pitfalls of Regulating Workplace Political Speech.” The presentation, hosted by Sherman & Howard attorneys Elizabeth Chilcoat and Joseph Hunt, provided guidance to employers seeking to regulate political speech to, according to Chilcoat, “protect the company’s brand and reputation, maintain a harmonious workplace, and comply with legal obligations.” With elections around the corner, employers should prepare for a mix of political and professional speech in the workplace.

Employers will need to consider workers’ rights under the National Labor Relations Act. They could risk violating protections if they restrict speech related to wages, hours, working conditions, or terms of employment. For instance, Hunt provided an example of mixed communication relating to politics and the workplace, saying “Vote for Smith” is probably not protected by the NLRA. However, he said, the NLRA might protect a worker who says, “Vote for Smith; she cares about the American worker and wants to raise the minimum wage.”

The full article was published in the October 5, 2020, edition of Law Week Colorado (subscription required).


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L&E Live is a five-week virtual education series that will help employers optimize their workforces, manage business and legal risks, and resolve disputes.

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