With the election season in full force, opinions are flying around the office space. Coworkers are talking and arguing about the candidates, but they might want to cool it with the political talks around the water cooler during work hours. Employers actually have a lot of control over their employees’ work day, which can include what they discuss during work hours.

With few exceptions, employers can restrict speech by employees. Freedom of speech doesn’t necessarily exist in the workplace. The first amendment applies only to employees of the government in certain situations, and all citizens when they’re confronted by the government.

Theoretically, employers can take action against an employee for political speech they don’t like. However, that wouldn’t exactly qualify the company for a “Great Place to Work” award. It would also create the risk that an employee would file a complaint alleging that the employer’s real motivation was to discriminate against them based on age, race, or other protected class.

Management can make employees aware of the company’s political leaning. Given the risk that it will make employees feel uncomfortable, it’s probably wise for the employer to exercise its right to remain silent. Further, employees can’t be forced to vote a certain way or give money to a certain candidate.

When it comes to labor issue politics, employees are given more latitude on account of the National Labor Relations Act. They can talk about a candidate’s view on workers’ rights, but shouldn’t go off of that topic. Employees should also be aware of what they are putting out on social media. Some employers do look at Twitter, Facebook, and more for inflammatory content, which can get the employee fired.

Not only can political talk at the workplace cause issues between coworkers, it can be a huge distraction. If emails or conversations about politics are taking away from an employee’s ability and time to get work done, there is a problem.

If a company has an issue with political speech or campaigning during work hours, they should first consult their legal counsel for advice. There are many laws that intersect regarding these topics at a federal, state, and local level. It can be confusing to follow, and both employers and employees need to be aware of their rights when it comes to talking about politics in the workplace.