Election Day is coming up! California Employers must post a notice informing employees of their paid-time-off-to-vote rights no later than October 26. Below is all the information you’ll need to stay compliant.
Background
Under California Elections Code §14000, all California employers are required to provide up to two hours of paid time off to employees to vote in a statewide election. Last year, the State enacted California Elections Code §14001, which further requires employers to post a notice to employees that explains their rights to take time off for voting.
Employer Posting Requirements
California employers are required to post a notice to employees explaining their rights in taking time off for voting. The notice must be posted at least 10 days before a statewide election and displayed in the workplace or in a location visible to employees as they enter or exit the work premises.
A sample notice is available for download from the California Secretary of State website HERE. The notice is available in multiple languages.
Paid Time Off for Voting
Employees in California are eligible for paid time off to vote if they do not have sufficient time outside of working hours to do so. Not all employees will need to take paid time off. However, employers should keep the following in mind:
Polls will be open from 7:00am to 8:00pm on election day. Employees who work through a large portion of that period of time may be eligible for paid time off.
Employers may require that the time off be taken at the beginning or end of a shift, as opposed to the middle of a shift where practical.
Employers may establish a policy requiring employees to provide advance notice if they require time off.
Employees may take up to two hours of paid time off for voting. Employees may also be entitled to take more than two hours if necessary, but the additional time will be unpaid.
Employer Takeaway
Employers should download or order copies of the required notice and post notices in conspicuous locations in your workplace no later than October 26th. Employers should inform managers and HR staff about the company’s policy for time off for voting and employee entitlement to paid time off. Prepare to make scheduling adjustments as necessary on election day.
If you have any questions about how this may affect your business or need assistance preparing compliant policies or revising your practices, please contact your attorneys at Bradley, Gmelich + Wellerstein LLP. We are here to help.
About the Author
Jaimee K. Wellerstein, Esq. is a Partner and the firm’s Employment Team Head. Representing employers in all aspects of employment law, Ms. Wellerstein collaborates with her clients to develop proactive business and legal strategies to try to avoid workplace conflict and employment disputes. She provides legal advice and counsel to numerous businesses, including conducting individualized training programs for both management and employees. Ms. Wellerstein performs internal audits of her client’s employment practices to ensure compliance with the rapidly-changing world of employment laws and guides investigations of employee allegations regarding harassment, discrimination, and employee misconduct.
When litigation is unavoidable, Jaimee K. Wellerstein aggressively defends her clients against employment law claims in the state and federal courts, as well as at administrative hearings, arbitrations, and mediations. Having defended numerous representative and individual lawsuits on behalf of her clients, Ms. Wellerstein is a skilled litigator and negotiator with a broad spectrum of experience upon which to draw.
A frequent speaker on numerous topics, including employment law and contract law, Ms. Wellerstein regularly conducts training seminars and programs for managers and employees in all areas of employment practices and policies.
About the Author
Michael J. Bruskin, Esq. is Special Counsel for the firm’s Employment Team Advice & Counsel Practice Group. Advising employers in all aspects of employment law, Mr. Bruskin develops deep relationships and working knowledge of his clients’ operational preferences and devises forward-thinking strategies to align business needs with risk mitigation and legal compliance. Mr. Bruskin performs internal audits of his client’s employment practices to ensure compliance with the rapidly changing world of employment laws and guides their employment and business strategies to create successful and lasting relationships with their employees.
