Most federal employees are aware that they can’t mix politics with their government roles, but many aren’t clear on what that actually means. The Hatch Act, a law that’s been in place since 1939, puts limits on the political activities of federal workers. While the rules may sound straightforward, they can lead to serious consequences if you don’t fully understand what’s allowed and what’s not.
If you’re a federal employee, it’s important to understand how the Hatch Act applies to your day-to-day job, especially in today’s climate where social media and political engagement often overlap.
What the Hatch Act Prohibits
The Hatch Act restricts political activity among federal employees, especially while they are on the clock, on government property, or using official authority. But the rules go beyond those basics. Here are some of the key restrictions:
- Running for office in a partisan election (even for local positions)
- Using your government title or position to influence an election
- Soliciting or receiving political contributions
- Engaging in political activity while on duty, in a federal workplace, or using government resources
The law divides employees into two categories:
- Less restricted employees, who can engage in more political activity when off duty
- Further restricted employees, such as those in the intelligence or enforcement sectors, who face tighter limitations even off the job
In April 2025, the U.S. Office of Special Counsel (OSC) revised its enforcement approach to clarify that federal employees may display campaign materials supporting former candidates in the workplace after an election as long as those individuals are no longer actively running for office.
It’s not always obvious where the lines are drawn. That’s why it’s worth taking the time to get clear on what is and isn’t permitted before there’s a problem.
Common Examples of Hatch Act Violations
Many Hatch Act violations don’t involve someone intentionally trying to break the rules. Often, it’s a case of not realizing how a simple action could be seen as political activity under the law. Common examples include:
- Posting or sharing partisan political content on social media during work hours
- Sending campaign emails from a government computer or phone
- Wearing campaign gear (like hats or buttons) in the office
- Forwarding campaign donation links to coworkers
- Using your official title in a political endorsement
Even something as small as replying to a campaign-related message while on duty can lead to an investigation. It’s not just about what you say—it’s when and how you say it that matters.
What Happens If You’re Accused of a Violation
If someone reports a Hatch Act violation, the OSC investigates. The process can be stressful, especially if you don’t fully understand your rights or how the investigation works. Here’s what could happen:
- You might receive a warning or reprimand
- You could be suspended without pay
- In more serious cases, you might face demotion or even removal
- Some violations can lead to a ban on future federal employment
The consequences often depend on the employee’s intent, past conduct, and how serious the violation was. But even minor infractions can become career setbacks if they’re not appropriately addressed. Responding early and wisely can make a big difference.
How We Can Help Protect Your Rights
At Solomon Law Firm, we help federal employees respond to Hatch Act allegations quickly and effectively. If you’re under investigation or think you might have violated the Act, you don’t have to deal with it alone.
We’ll work with you to:
- Understand exactly what the OSC is looking for
- Prepare a clear, well-supported response
- Explain your rights during the process
- Protect your job and long-term career
We’ve worked with employees in a range of roles—from policy advisors to support staff—and we know how to deal with the procedures that follow a complaint. Even if the situation seems minor, we encourage you to take it seriously.
Know the Rules, Protect Your Future
The Hatch Act isn’t just about politics—it’s about protecting the integrity of federal service. Knowing your rights, understanding the rules, and getting sound legal guidance can go a long way. If you have questions about what’s allowed or you’ve already been contacted by the OSC, reach out to Solomon Law Firm, PLLC. We’re here to help you move forward with confidence.