Articles Discussing Voting Rights In The Workplace

As Election Day approaches, employers should ensure they are in compliance with state law requirements related to employee voting rights. 

Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of publication, Joe Biden appears to have narrowly won the presidency, but President Trump has challenged the

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At

The National Labor Relations Board (NLRB) was created in 1935 by the National Labor Relations Act (NLRA). It holds itself out as neutral and independent — a federal agency “where [most private sector] employees, employers and unions can file charges alleging illegal behavior, or file petitions seeking an election regarding union representation.”

With the election coming on Tuesday, Nov. 3, a large number of Americans are expected to cast their ballots. The United States Election Project estimates that a record-setting 150 million – or 65 percent of the U.S. population – will vote. This is the highest percentage of eligible voters in more than 100 years. The Washington Post estimated that two weeks before Election Day, at least 31.4 million had already voted.

While the COVID-19 pandemic has changed some aspects of how the 2020 Presidential election is conducted, employers are facing many of the same questions they have faced in the past, such as whether they are required to give employees time off to vote, and if so, whether that time off must be paid? 

Dear Littler: We are a nationwide company with some employees working at our brick-and-mortar locations and some employees working remotely due to the pandemic. With the election coming up, employees in various states are asking about time off to vote. I thought everyone was voting by mail this year?

As Election Day approaches and despite the anticipated uptick in absentee ballots, 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.

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: