Michael Schmidt spoke with Law360 about how business can make sure that Election Day goes off without a hitch in the office. Besides the possibility of fights breaking out in the workplace, a broader concern for employers is facing situations where workers engage in heated debates about politics on Facebook or other social media platforms. "I make the statement all the time that there's no question employees tend to be more free with their expression and statements around the virtual watercooler than they are around the physical watercooler," said Michael. "With that said … the rules of the road when it comes to workplace-related conduct still apply to conduct and statements over social media." "I think absolute bans on anything having to do with politics is never a good idea," he said. "You as an employer want to make sure that employees understand that normal workplace rules when it comes to harassment, discrimination and retaliation are still in effect. And that's still true whether they are in person at a physical worksite or are communicating through electronic means or social media."

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