Scarinci Hollenbeck, LLC
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Author: Scarinci Hollenbeck, LLC
Date: October 29, 2014
The Firm
201-896-4100 info@sh-law.comElection Day is Tuesday, November 4, 2014. While most employees are able to cast their ballots outside of their working hours, some may need to take time off to vote. State law dictates whether employers need to provide employees time off to vote. While 32 states have regulations in place, the requirements differ widely, particularly with regard to whether the leave must be paid or unpaid. Therefore, it is imperative to consult with local counsel.
For New Jersey businesses, you are off the hook. The Garden State is one of the few states that do not have voting leave laws. However, employers are free to establish their own policies.
In New York, employers must provide paid leave for voting. Pursuant to New York State Law § 3-110:
Lastly, while employers can facilitate the voting process by providing time off, they must also be mindful not to influence workers to vote or not vote or to vote for any particular candidate, which will run afoul of state laws in both New York and New Jersey.
If you have questions about voter leave laws or would like to discuss your company’s employee policies, please contact me or the Scarinci Hollenbeck Labor and Employment attorney with whom you work.
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