How Does the Midterm Election Impact California Workplaces?

With California’s upcoming November 3, 2026 General Election, you may be wondering about impacts on your workplace. Common questions from employers include:

• Do we have to provide employees time off to vote?
• Can we ban political slogans, dress, or speech in the workplace?
• Can the business promote a candidate or issue?
• Is there anything else we should know?

Keep reading for an overview of key considerations as Election Day approaches. From employee voting rights to workplace political activity, understanding the requirements can help you plan and avoid compliance issues.

Time Off to Vote

In California, employees have a right to take time off to vote. Under California Elections Code §14000, if an employee does not have sufficient time outside of working hours to vote in a statewide election, they are entitled to take up to two hours of paid time off from work. Employees may take additional unpaid time off if needed. This time should not be charged against the employee’s accrued vacation or PTO balance. Exempt employees who take time off to vote are entitled to their regular salary so long as they perform any work in the workweek.

You may require employees to use time off at the beginning or end of their shift, whichever allows for the most time to vote and the least time off from working. You can also mutually agree to another time, such as the lunch hour, if that makes sense for your business. Employees who need time off to vote are obligated to provide at least two working days' notice.

Banning Political Speech

Private employers generally have more flexibility to regulate political expression in the workplace than public employers. The First Amendment does not give private employees a right to engage in political speech at work. That said, California law prohibits employers from adopting or enforcing any rule or policy that tends to control or direct the political affiliations or activities of employees.

If you choose to prohibit political expression in the workplace, such as political signage, office décor, t-shirts with a political message, or solicitation of donations for political causes, be sure that your ban is applied consistently to all political parties and viewpoints. Your policy should also be clear about what exactly is prohibited, so it is applied uniformly.

Promoting a Candidate

Whether a business chooses to express a political viewpoint or advocate for a candidate publicly, such as on social media, may depend on factors such as customer and client perceptions, employee relations, and the company’s policies and values.

Private employers are generally permitted to engage in political speech, but they cannot attempt to coerce or control the political activities of their employees, as mentioned above. Labor Code sections 1101 and 1102 prohibit employers from making, adopting, or enforcing any rule or policy:

• Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office;
• Controlling or directing, or tending to control or direct the political activities or affiliations of employees; or
• Using the threat of job loss to coerce, influence, or attempt to coerce or influence employees to take or refrain from any particular political activity.

Note: California’s SB 399 captive-audience law, which took effect in 2025, prohibited employers from requiring employees to attend meetings or participate in communications where the employer expresses views about political or religious matters. While the law remains on the books, enforcement is currently blocked by a federal court injunction, and the state's appeal is pending before the Ninth Circuit. California employers are advised to proceed with caution in holding these employee meetings until there is further resolution.

Anything Else?

At least 10 days before every statewide election, California employers are required to post a "Time Off to Vote" notice in a conspicuous place at work. If you have an all-in-one California and federal poster, this notice should already be on there, but we recommend verifying that. If your office is operating remotely, consider mailing this notice to your remote workers 10 days before the election.

Questions? CEA members can call us at 800-399-5331 or reach out to us via email or Live Chat!