Election Day Tips from Berger Kahn Partner Erin Mindoro – Employers Must Allow Employees to Vote If Requested

IRVINE, Calif., Nov. 04, 2016 -- Many Californians do not know that their right to vote during the work day and without loss of pay is protected by law but Berger Kahn Partner Erin Mindoro reminds employers of how to easily and simply fulfill Election Day obligations to employees.

            1. Check to see if your employee qualifies - California law encourages citizens to participate in statewide elections.  On November 8, 2016, polls will open from 7:00 a.m. to 8:00 p.m.  If work hours coincide with poll availability, employees can access the time off to vote protections under the election code.
                                                                                                                        
            2. Schedule a time with your employee in advance - California Elections Code section 14000 requires employers to give paid time off for employees who do not have enough time outside of normal working hours.  Section 14000(b) allows for up to two hours of paid time off to allow employees to vote.  Absent an agreement with the employer, the employee must either take the time at either the beginning or end of the working shift -- “whichever allows the most free time for voting and the least time off from the regular working shift.”  Cal. Elec. Code § 14000(b). 

            3. This applies to public or private sector - This paid time-off is available to both public agencies and private sector employees.  Cal. Elec. Code § 14002.  An employer must give the employees as much time as necessary to vote.  The employer can require that advance notice be given at least two working days before the election for time-off to vote.  If the time off is requested, an employer cannot deduct any pay for the time used to vote.  Alternatively, an employer can set a time during the workday to allow the employees to vote.

            4. Refer to posted notices if needed - California law also requires employers to post notices regarding the availability of time off to vote.  The notices are available in multiple languages from the California Secretary of State’s webpage.  The notices must be posted at least 10 days before the election and must be placed in a conspicuous place to properly notify employees.

ABOUT BERGER KAHN: Berger Kahn is a California-based law firm with practice areas including insurance coverage and litigation, business litigation, labor and employment, serious personal injury and wrongful death, and subrogation. The firm has offices in Orange County, Los Angeles, San Diego, and the San Francisco Bay Area. www.bergerkahn.com

https://www.facebook.com/BergerKahnLaw?sk=info

https://twitter.com/BergerKahnLaw

ABOUT ERIN MINDORO: Berger Kahn Partner Erin Mindoro focuses her practice on employment law and litigation. Erin has successfully represented clients in wage and hour disputes, sexual harassment, discrimination, accommodation, retaliation, and other employment disputes. http://bergerkahn.com/our-people/erin-r-mindoro/

Media Contact: Jess Block Nerren, [email protected], 909-706-8525