Section 1101

16 Analyses of this statute by attorneys

  1. California Law Protects Workers From Termination or Retaliation for Participating in Black Lives Matter or Other Political Protests

    Outten & Golden LLPMenaka FernandoJune 18, 2020

    Outten & Golden is profoundly committed to supporting workers participating in Black Lives Matters protests. If you work in California, you should know that your wrongful termination, retaliation, or other adverse employment actions for political opinions you express or activities you engage in outside of work.In California, the law protects workers' rights to political expression outside of work. California Labor Code Section 1101 states that "No employer shall make, adopt, or enforce any rule, regulation, or policy:Forbidding or preventing employees from engaging or participating in politics.Controlling or directing, or tending to control or direct, the political activities or affiliations of employees.

  2. Can I Be Fired for Participating in Peaceful Protests?

    Sanford Heisler Kimpel LLPAndrew MelzerJune 11, 2020

    It is worth noting that there could be a discrimination claim if the employer discriminates between protesting workers based on a protected category or characteristic—for example if it tolerates protest activity by white employees but penalizes black employees for similar activity.State and local protectionsCertain states and municipalities, however, have enacted additional employment protections that explicitly cover political protests or may be construed to do so. Seehttps://legalaidatwork.org/factsheet/your-rights-as-protester-political-protests-by-employees/;https://www.huffpost.com/entry/can-you-lose-job-protests_l_5ed90ce4c5b697d4c4442597;https://www.workplacefairness.org/retaliation-political-activity-state-lawsStatutes protecting political activity and/or private off-duty conduct For example, California Labor Code § 1101 prohibits employers from forbidding or preventing employees from engaging or participating in politics and from trying control or direct their political activities or affiliations. Section 1102 directly states: “No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.”

  3. Employers, Politics, And Free Speech

    Jackson Lewis P.C.Hazel PoeiMay 22, 2019

    California’s laws addressing political discourse to this end are vague. California Labor Code § 1101 prohibits employers from implementing “any rule, regulation, or policy” (1) “forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office” or (2) “controlling or directing, or tending to control or direct the political activities or affiliations of employees.” California Labor Code § 1102 provides “[n]o employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.”

  4. Employees and Political Activity

    Michael VolkovKarin SweigartOctober 15, 2018

    The following list is by no means exhaustive, but is instead intended to provide a sample of some of the ways states and localities have attempted to address this issue.Political Affiliation Discrimination California law broadly prohibits any employer from enforcing any rule or policy forbidding or preventing employees from engaging in politics, or controlling the political activities or affiliations of employees. See California Labor Code Sections 1101-02. Washington D.C. similarly prohibits discrimination based on political affiliation.

  5. Politics in the Workplace: Do NFL Players Have Freedom of Speech to Protest at Games?

    Payne & FearsEric SohlgrenSeptember 29, 2017

    Employers are also barred from firing or threatening to fire an employee in order to coerce him or her into any particular course of political activity. Cal. Lab. Code §§ 1101, 1102. Under California case law, the term “political activities” includes all activities that may indicate support for a particular candidate or political cause.

  6. Public Employers and Hate Speech

    Liebert Cassidy WhitmoreDavid UrbanSeptember 4, 2017

    (E.g., Gov. Code, § 3206.) In addition, California Labor Code sections 1101 and 1102 contain restrictions on employer efforts to control, direct or coerce employees with regard to political activities.Concerted Activity and Labor RelationsThe public employer also has to be satisfied that the speech can be the basis for discipline consistent with state labor relations laws.

  7. SB-30 and its Implications for Doing Public Work Construction for the State of California – Another Risk to Manage

    Snell & Wilmer L.L.P.Michael BakerJune 15, 2017

    California has numerous laws prohibiting discrimination based on an employee’s political beliefs, as does the United States. Below is a list of examples, non-exhaustive, of laws prohibiting political affiliation discrimination: California Labor Code § 1101 prohibits employers from making, adopting or enforcing any rule, regulation or policy (a) forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office and (b) controlling or directing, or tending to control or direct the political activities or affiliations of employees. California Labor Code § 1102 prohibits employers from coercing or influencing, or attempting to coerce or influence, his or her employees from political action or activity by threats of discharge or loss of employment.

  8. Plaintiff Must Show Employer's Conduct was Substantially Motivated by Speech to State Claim for First Amendment Retaliation

    Liebert Cassidy WhitmoreSeptember 30, 2016

    It was not until 2013 – seven years later – that Maner raised this claim with the County. On April 14, 2014, Maner filed a lawsuit alleging the following claims: retaliation for exercise of first amendment rights to free political speech, retaliation for exercise of first amendment rights to free association, denial of due process, and violations of California Labor Code sections 1101 and 1102. After months of discovery, the County and Ms. Fladager filed a motion for summary judgment claiming that there was no genuine dispute as to any material fact, and thus, the Defendants were entitled to judgment as a matter of law.

  9. Vote YES! for Compliance: An Election Law Refresher for California Employers

    Seyfarth Shaw LLPAlexander FreedmanApril 28, 2016

    That means employers cannot restrict their employee’s political activities or affiliations, nor can they force employees to participate in any particular political activity. Cal. Lab. Code §§ 1101 and 1102. Employers need to keep in mind that political activity means more than just casting a vote.

  10. As Election Approaches, Beware of Laws Protecting Political Affiliations and Opinions

    Hopkins & Carley, L.C.Jasmine AndersonMarch 10, 2016

    Most employers are generally familiar with the laws that prohibit discrimination on the basis of race, sex, age and certain other protected characteristics, but many are not aware that the law also protects employees in their exercise of political rights. Specifically, California Labor Code sections 1101 and 1102 prohibit employers from attempting to control or direct the political activities or affiliations of their employees, and prohibit employers from discharging or taking other adverse action against employees for their political activities. The laws protecting the right to political activity and expression can be particularly problematic for employers because they impose liability for violations committed by managers and employees, and violations of the law constitute a criminal offense in addition to subjecting the employer to civil liability.