Articles Discussing Voting Rights In The Workplace

With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.

Election Day may result in significant changes in our country’s labor and employment landscape. This article discusses some issues employers should watch closely.

With Election Day fast approaching, employers should ensure they are in compliance with state law requirements related to employee voting rights. While not all states impose requirements on employers, some impose time off obligations and notice requirements with the possibility of criminal or civil penalties for non-compliance.

Dear Littler: Election Day is coming up in a few weeks, and I’ve been getting questions from our managers in various branches about voting-related leave for employees. Our company has operations in more than a dozen states, with larger locations here in St. Louis as well as in California, Georgia, and Virginia. We don’t seem to have a standard corporate policy on this issue, and I am not sure how to proceed. Even aside from the political debates and terrible commercials, this election is giving me a headache!

After failing to achieve a legislative solution to “repeal and replace” the Patient Protection and Affordable Care Act (ACA), President Trump issued an executive order (EO) on October 12, 2017, designed to promote “healthcare choice and competition” by modifying certain healthcare insurance regulations. In the absence of congressional action, according to the White House press release, this EO takes “the first steps to expand choices and alternatives to Obamacare plans and increase competition to bring down costs for consumers.” The cornerstone of this White House effort is the promotion of Association Health Plans (AHPs) allowing employers to join together to purchase insurance across state lines.

With Election Day drawing near, and large voter turnout expected, employers should ensure they are aware of state law requirements related to providing employees with time off. While not all states impose requirements on employers, some impose time off obligations with the possibility of criminal or civil penalties for non-compliance.

This fall, Americans have more than falling leaves and candy corn on their minds. While Election Day is November 8, 2016, many states have already begun the absentee and early voting process. And with the current contentious election cycle, voter turnout is likely to be high once again.

In light of the upcoming Presidential election, employers may be wondering what their rights and obligations are regarding providing employees with time off to vote. Although federal law does not require private (nongovernmental) employers permit employees to take time off from work to vote, most state laws provide some form of voting leave. Because voting leave laws vary by state, it is important for employers to review their state’s voting leave laws and adjust their policies accordingly.

As mentioned in a recent FR alert, “Time Off to Vote?,” written by my colleague Sally J. Scott, Illinois requires employers to allow employees who are eligible to vote up to two hours of paid time off while polls are open (from 6:00 a.m. to 7:00 p.m.) on Election Day. For wage and hour purposes, employers should consider the following when determining whether an employee is entitled to this type of paid leave: