Reminder: Employee Time Off to Vote and Posting Requirements

The 2022 elections are just over two weeks away on November 8, 2022. Employers across NY are again required to comply with Section 3-110 of the New York State Election Law.

This law mandates that employees (who are also registered voters) may take to two (2) hours off in order to vote while receiving their regular rate of pay to do so if: the time off occurs at the beginning or 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 (with which 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.

This law also requires that at least ten (10) days before the election – this year, October 29, 2022 – employers post notice of these requirements. A compliant notice will contain the following information:

1. 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.

2. The employee shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.

3. 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.

4. 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, the author of this piece, here, or at (585) 258-2865.

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