California Employers: Ensure Compliance with Election Day Time Off Requirements

As the November 5, 2024, statewide election approaches, California employers must be aware of their legal obligations to ensure employees have the opportunity to vote in person. California Election Law mandates that employees be allowed to take time off work to vote if they will not have sufficient time outside of working hours.

Key Provisions of California Election Law:

• Paid Time Off to Vote: If an employee does not have enough time to vote outside of work, they are entitled to up to two hours of paid time off at the beginning or end of their regular shift. This ensures that they have sufficient time to vote without a loss in pay. If an employee requires more than two hours to vote, they are entitled to the additional time away from work; however, the employee is only entitled to two hours of paid time off.
• Notice Requirements: Employees are expected to notify their employer at least three working days in advance if they anticipate needing time off to vote. However, this requirement only applies if the employee knows in advance that they will not have time to vote on Election Day. If an employee is unable to foresee the need for time off, advance notice may not be required.
• Employer Posting Obligations: Employers must post a notice informing employees of their right to time off for voting at least 10 days prior to Election Day. For this upcoming election, the notice should be posted no later than October 25, 2024, in a location where it is visible to employees as they enter or leave the workplace.

What Employers Should Do:

• Post the required notice by October 25, 2024.
• Ensure employees know their right to two hours of paid time off for voting.
• Be flexible and prepared for potential last-minute requests for time off to vote.

By adhering to these requirements, employers not only comply with California law but also support their employees' right to participate in the democratic process. If you have any questions or need assistance with posting or compliance requirements, feel free to reach out to our team for guidance.