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New York Requires Employees be Provided 3 Hours Paid Time Off to Vote

As part of New York State’s fiscal year 2020 budget, Governor Andrew Cuomo has announced an amendment to Section 3-110 of the state election law providing all New Yorkers with three hours paid time off to vote on any election day.

The amendment, available here, allows any New York employee who is registered to vote to request up to three hours paid time off to vote, so long as the request is made at least two working days prior to the election. Employers may designate that time off requested must be taken at the beginning or end of an employee’s shift. Employers must also post a notice informing employees of the provisions of Section 3-110 ten working days prior to every election. A model notice is included in the link to the text of the amendment. The notice must remain up until the close of polls on election day. The amended section contains no exceptions.

This amendment is effective immediately. New York employers should review their time off policies to make sure they are in compliance and comply with the posting requirement in a timely manner prior to election dates.

*Myles Moran is a Sumer Associate in the New York office and is the second author of this article.

Copyright © 2019, Sheppard Mullin Richter & Hampton LLP.

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About this Author

James Hays, Legal Specialist, management of labor and employment law
Partner

 Mr. Hays is a partner in the Labor & Employment Practice Group in the firm's New York office and co-chairs the firm's Traditional Labor Law Team.

Areas of Practice

Mr. Hays' practice focuses on management labor and employment law. He represents clients in collective bargaining negotiations, labor arbitrations, and all stages of the labor election process, including election campaigns and hearings before the National Labor Relations Board. He also represents clients in employment litigation in federal and state courts, as well as...

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