Even though Election Day is in the rear-view mirror, federal employees should remember that a quick political social media post may have consequences far beyond a few likes or shares. In recent years, alleged Hatch Act violations involving platforms such as Facebook, X, Instagram, LinkedIn, TikTok, and other social media sites have highlighted how easily online political activity can raise compliance concerns for government employees.

With digital communication an increasingly important aspect of both professional and personal life, federal workers must understand how the Hatch Act applies to online conduct, including posts, comments, reposts, and other forms of engagement that may be viewed as partisan political activity. The U.S. Office of Special Counsel (OSC) guidance continues to emphasize that the Act’s restrictions apply regardless of the platform used, making awareness of these rules more important than ever.

What Is the Hatch Act?

The Hatch Act is a federal law passed in 1939 and its intent is to “ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation,” the OSC website states.​​​​ ​​

Increasingly, social media is making it easier to violate the Hatch Act, which limits certain political activities of federal employees, as well as certain states, Washington, D.C., and local government employees who work in connection with federally funded programs.

While early discussions of Hatch Act violations related to social media often focused on Facebook and Twitter, today’s social media landscape is far more expansive. Yet regardless of the platform used, the same Hatch Act principles apply. Employees must remain mindful of restrictions on engaging in partisan political activity while on duty or in the workplace and should be aware that certain restrictions apply even when they are off duty, depending on their position and whether they are classified as less restricted or further restricted employees.

As online communication continues to evolve, federal employees should remember that Hatch Act compliance depends on the nature of the activity rather than the specific social media platform on which it occurs.

Official Guidance for Federal Employees

The OSC states in its Hatch Act Guidance on Social Media that social media platforms are easily accessible to federal employees on computers, smartphones, and other devices, and reminds employees that they may use social media only in ways that comply with the Hatch Act’s restrictions on political activity. Employees must be mindful of prohibitions on engaging in political activity while on duty, using their official authority to influence an election, or soliciting political contributions online.

OSC’s current social media guidance supersedes earlier guidance issued in 2012, 2015, and 2018 and provides updated direction regarding political activity conducted through social media platforms.

Federal employees should review the most current OSC guidance, particularly regarding political activity conducted through social media platforms, which remain one of the most common sources of alleged Hatch Act violations.

Regarding social media posts, current OSC guidance specifically addresses:

• liking political posts while on duty;
• sharing or reposting campaign content;
• soliciting political contributions online;
• using official titles or positions in connection with political activity; and
• political activity conducted through personal devices during work hours.

Hatch Act Considerations for Teleworkers

The increase in telework and remote work arrangements has also created new Hatch Act compliance concerns related to social media use. Federal employees remain subject to the Act’s restrictions while they are on duty, regardless of whether they are working from a federal office or from home.

Activities such as posting partisan political content, liking or sharing campaign-related posts, sending political communications, or participating in political events during duty hours may constitute Hatch Act violations. The fact that an employee is using a personal device or working from a home office does not eliminate these restrictions, making it important for teleworking employees to exercise the same caution they would in a traditional office setting.

How Does the Hatch Act Affect You?

It depends. Civilian employees, including part-time workers, in the executive branch of the federal government (excluding the president or the vice president) and employees of the U.S. Postal Service are covered by the provisions of the Hatch Act.

Federal employees fall within two categories under the Hatch Act: “further restricted” and “less restricted.” With some exceptions, most federal executive branch employees are considered les​​s restricted under the Hatch Act. These employees are allowed to take part in partisan political management or partisan political campaigns, according to the OSC.

And with some exceptions, further-restricted employees consist of employees in intelligence and enforcement-type agencies, such as the Federal Bureau of Investigation and the Federal Election Commission, among others, and includes senior executives (SES) in the executive branch wherever located.

Additionally, both federal and D.C. employees are subject to the Hatch Act when they are on annual leave, sick leave, leave without pay, or furlough. However, employees who work on an occasional or irregular basis, or who are special government employees, as defined in title 18 of United States Code §202(a), are subject to the restrictions only when they are engaged in government business, according to the OSC.

What to Know About Hatch Act Violations

Complaints regarding alleged Hatch Act violations are handled by the Hatch Act Unit, within the OSC, in Washington, D.C. Following an investigation, OSC may seek fines or disciplinary action against an employee who has violated the Hatch Act, before the Merit Systems Protection Board. Violations that are not “sufficiently egregious” to warrant prosecution, may result in a warning letter to the employee involved, according to the OSC. It is important to note that OSC has vigorously prosecuted cases before MSPB over Hatch Act violations that have resulted in removals and suspensions of federal employees, and that OSC takes Hatch Act violations very seriously.

Although the Hatch Act dates back to 1939, its application continues to evolve as technology changes. Social media use, remote work arrangements, and online political engagement have created new compliance challenges for federal employees. The OSC continues to investigate alleged violations and seek disciplinary action when appropriate, making it important for covered employees to understand current guidance before engaging in political activity.

Because Hatch Act restrictions vary depending on an employee’s position, agency, and circumstances, individuals with questions regarding permissible political activity should seek guidance before acting.

If you have questions about your rights as a federal employee, Tully Rinckey’s team of dedicated federal employment attorneys is available to assist. Please call 8885294543 to schedule a consultation, or schedule a consultation online.

Michael C. Fallings focuses his practice on federal sector labor and employment law. Michael has extensive experience litigating cases on behalf of employees at the U.S. Merit Systems Protection Board (MSPB), Equal Employment Opportunity Commission (EEOC), and in both state and federal courts. He also has experience negotiating settlement agreements on behalf of federal employees. Michael has received numerous awards, including the 2026 Lawdragon 500 Leading Litigators in America, LawDragon 500 the Next Generation (2024-25), Lawdragon 500 Leading Civil Rights & Plaintiff Employment Lawyers (2025), National Black Lawyers Top 40 under 40, and Super Lawyers Rising Star (2023).