restrict political speech that creates a toxic atmosphere, distracts from productivity or can be appropriately characterized as harassment or bullying. That said, you must tread carefully. If employees are discussing matters that relate to shared working conditions, such as diversity policies, unionization or workplace safety, their speech may be protected. Discipline in that context could trigger an unfair labor practice charge. The challenge is distinguishing between disruptive or discriminatory conduct (which may be regulated) and protected activity (which may not). If the discussions relate to other protected activity (complaining about discrimination or harassment), then fair employment laws might be triggered. Employer Guidance • Set clear boundaries in your code of conduct. Your policies should emphasize respect and civility in all workplace interactions, including political conversations. Make it clear that hostile or demeaning speech won’t be tolerated, regardless of the topic. • Train managers to intervene early and neutrally. You should teach supervisors to spot the line between a healthy discussion and a volatile one. They should not express political views themselves or allow situations to escalate. • Focus on conduct, not content. If you take action, ensure it’s about the behavior — disruption, intimidation, name-calling — and not the opinion expressed. • Be consistent. If you address one type of political conflict but ignore another, you create the risk of a discrimination or retaliation claim. Scenario 3: Workers Plan a Walkout Employees organize a walkout in support of a political movement, similar to the Day Without Immigrants or recent global protest days. Legal Analysis The legality of employee walkouts hinges on the purpose behind the protest. If the protest is purely political and unrelated to workplace issues, such as a walkout opposing foreign policy or supporting a national election candidate, it likely falls outside the protection of the NLRA. In those cases, employers may treat the absence as unexcused and impose discipline under normal attendance policies. However, if the walkout is tied to workplace issues or advocacy for better working conditions, it could be protected as a “concerted activity.” For example, employees walking out to protest workplace discrimination or to express solidarity with a national labor strike may fall under NLRA protection, even if your organization is not unionized. The NLRB under the Biden administration showed a growing willingness to connect national issues to local employment conditions, particularly under a broad reading of employee rights. We do not expect this trend to continue under the Trump Board once it regains a quorum. Employer Guidance • Determine the purpose of the protest. Ask whether this is political advocacy or workplace-related activism. If there’s a link to workplace terms, protection may apply. • Avoid snap discipline. Even if a walkout seems unprotected, consult counsel before issuing discipline. An inaccurate legal assumption can backfire. • Reinforce your attendance and conduct policies. Make sure employees understand how protest-related absences will be treated in advance. Apply policies consistently. • Prepare a contingency plan. If you anticipate workplace disruptions, line up backup coverage, communicate clearly and debrief afterward to reset expectations. 10 UTAH AUTO DEALER
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