Legal Blog

Employers Beware of States with Voting Leave Laws

As the election gets closer, employers that cross jurisdictions must be aware of the various voting leave laws that affect the state(s) where their employees are working. The purpose of this blog is to provide an overview of the voting laws in the U.S. Employers should consult with counsel to obtain details in the jurisdictions where their employees are located.

Some States Have No Laws Relating to Voting

There are a handful of states that do not have state voting leave laws. These states are:

  • Connecticut
  • Delaware
  • Florida
  • Idaho
  • Indiana
  • Maine
  • Michigan
  • Montana
  • New Hampshire
  • New Jersey
  • North Carolina
  • Oregon
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Vermont
  • Virginia
  • Washington

NOTE: This does not look into the local leave laws of certain counties or cities. Even more, just because there is no leave laws, does prohibit employers from providing such leave to employees.

Some States Required Paid Voting Leave

There are a handful of states that require certain employers to provide paid leave for voting. They include:

  • Alaska
  • Arizona
  • California
  • Colorado
  • Hawaii
  • Illinois (*only for general or special elections)
  • Iowa
  • Kansas
  • Maryland
  • Minnesota
  • Missouri
  • Nebraska
  • Nevada
  • New York
  • Oklahoma
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • West Virginia
  • Wyoming

Now each state has its own intricacies regarding notice and payment. However, it is important that employers look into each states’ voting laws to ensure that their employees are getting compensated. It should also be noted that some states have limits as to how much time can be spent/paid for voting. For instance, Arizona allows a maximum of 3 hours of voting leave, while Alaska has unlimited voting leave. New York on the other hand allows up to 2 hours of leave. New York employers can even specify when employees can take the time (ie- at the end of a shift, or the beginning of a shift).

As the election draws near, it is important for employers to make sure that they are complying with the voting leave laws of their employees’ place of residence.

ABOUT SUSIE CIRILLI

Susie M. Cirilli is a Labor & Employment attorney that assists clients with issues involving the ADA, FMLA, and Title VII claims. Susie litigates on matters related to hostile work environment, discrimination based on sex, sexual orientation, pregnancy, race and disability. Susie has experience representing employers in fact-finding conferences and mediations before the PHRC and the EEOC. Susie’s practice also consists of counseling and advising clients on employment matters. She often advises employers on day to day employment matters and assists her clients on employee issues such as hiring and terminations, which includes drafting and negotiating separation agreements. Susie has experience drafting and revising employment agreements, employee handbooks, non-compete and non-solicitation agreements. Susie is admitted in the Middle District and Eastern District of Pennsylvania. She is also admitted in the Federal Court for the District of New Jersey.

 

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing full-service law firms in the United States. With 14 offices in seven states, and the District of Columbia, and growing by 50% in two years through expansions in New York City and Charlotte, North Carolina, Offit Kurman is well-positioned to meet the legal needs of dynamic businesses and the individuals who own and operate them. For over 30 years, we’ve represented privately held companies and families of wealth throughout their business life cycles.

Whatever and wherever your industry, Offit Kurman is the better way to protect your business, preserve your family’s wealth, and resolve your most challenging legal conflicts. At Offit Kurman, we distinguish ourselves by the quality and breadth of our legal services—as well as our unique operational structure, which encourages a culture of collaboration and entrepreneurialism. The same approach that makes our firm attractive to legal practitioners also gives clients access to experienced counsel in every area of the law.

Find out why Offit Kurman is The Better Way to protect your business, your assets and your family by connecting via our BlogFacebookTwitterInstagramYouTube, and LinkedIn pages. You can also sign up to receive LawMatters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

DELAWARE | MARYLAND | NEW JERSEY | NEW YORK | NORTH CAROLINA | PENNSYLVANIA | VIRGINIA | WASHINGTON, DC