ELECTION DAY - TIME OFF TO VOTE
As election day approaches, our Labor and Employment Practice Group would like to remind New York employers of their duties and responsibilities under New York State Election law.
Section 3-110 of the New York State Election Law was recently amended effective April 3, 2020. Any New York employee who does not have at least four consecutive hours to vote, either before or after their scheduled shift, must be provided up to two hours of paid time off.
For example, an employee who works 9 am to 5 pm, with the polls opened from 6 am to 9 pm, is not entitled to paid time off to vote, because the polls are open for four consecutive hours after the employee’s shift ends at 5 pm. By comparison, an employee who works 9 am to 6 pm with the polls opened from 6 am to 9 pm, IS entitled to paid time off to vote because the employee does not have four consecutive hours to vote either before or after the shift.
An employee must notify an employer at least two working days prior to their intention to take paid time off to vote, but not more than ten working days beforehand.
Additionally, every employer must post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of N.Y. Election Law Section 3-110. This notice must be posted at least ten working days before Election Day, which is October 20, 2020. This notice shall remain posted until the close of the polls on Election Day. You can find a copy of the notice here.
Our Labor and Employment Practice Group is here to answer any questions you may have regarding this policy or for any other labor and employment needs.