The 2024 elections are just weeks away on November 5, 2024. As we’ve previously reported, employers across New York are still required to comply with Section 3-110 of the New York State Election Law.
For background, New York State law allows certain employees (who are also registered voters) to take up to two (2) hours of paid time off to vote. In order to qualify for this paid time:
The time away from work must occur at the beginning or the end of the employee’s working shift (or as otherwise mutually agreed);
The employee does not have four (4) consecutive hours either between the opening of polls and the beginning of their working shift or the end of their shift and the closing of polls (if the employee does have this time before/after their shift, they will be considered to have had “sufficient time” to vote); and
The employee notifies their employer at least two (2) working days before the day of the election that they require time off to vote.
Importantly, the law also requires employers to post a notice of employees’ voting leave rights at least ten (10) days before the election. This year, for workplaces with a typical Monday to Friday schedule, employers must post the notice no later than Tuesday, October 22, 2024, and keep it posted until the end of Election Day. A compliant notice must contain the following information (essentially memorializing the above information for employees):
A registered voter may, without loss of pay for up to two (2) hours, take off so much working time as will enable them to vote at any election, if they do not have four (4) consecutive hours to vote before or after that day’s shift.
The employee shall be allowed time off for voting only at the beginning or end of their working shift, as the employer may designate, unless otherwise mutually agreed.
If the employee requires working time off to vote, the employee shall notify their employer not less than two (2) working days before the day of the election that they require time off to vote in accordance with the provisions of this section.
Not less than ten (10) working days before every election, every employer shall 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 provision of his section. Such notice shall be kept posted until the close of the polls on Election Day.
If you have any questions regarding this article, please contact the Underberg & Kessler attorney who regularly handles your legal matters, or Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.
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