July 14, 2020

Volume X, Number 196

July 14, 2020

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July 13, 2020

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Prepping for the Polls: What Employers Need to Know as New Yorkers Get Ready to Vote

As we approach the November 2019 elections, New York employers may want to keep in mind the state’s recently amended Election Law, which entitles employees to time off to vote. Since April 2019, all employers have been required to provide their New York employees who are registered voters with up to three hours of time off to vote without loss of pay. The time off to vote must be given at the beginning or end of an employee’s working hours, unless the employer and employee agree otherwise. An eligible employee seeking to take such time off must notify his or her employer at least two working days before the election.

Employers may also want to be aware of the posting requirements: New York employers are required to post the information concerning the protections of Section 3-110 of the Election Law where employees can see it as they arrive at and depart from work. The notice must be posted at least 10 working days before every election and remain up until the polls close. A sample notice is available here.

With the November elections just a few weeks away, now is the time for employers to consider reviewing (and revising as needed) their handbooks, voting leave policies, and election notices to ensure they comply with New York law.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 289


About this Author

Daniel Bernstein Labor and Employment Attorney

Daniel Bernstein is a management-side labor and employment attorney, representing and counseling clients on a wide range of matters involving:

  • Federal and state wage and hour matters, including collective and class action defense

  • Title VII, Americans with Disabilities Act, Family and Medical Leave Act, Age Discrimination in Employment Act, and state and city Human Rights Law compliance and litigation

  • National Labor Relations Act

  • Contract drafting and review

  • Employee handbook drafting and review

Kelly Cardin Employment lawyer Ogletree Deakins.

Kelly M. Cardin is an associate in the Stamford office of Ogletree Deakins. Her practice focuses on representing employers in a wide range of disputes, including those involving discrimination and retaliation claims, wage and hour claims, wrongful discharge claims, and claims under the FMLA. Kelly also represents employers in class action lawsuits, often involving wage and hour issues. Additionally, she maintains a commercial litigation practice, representing companies in breach of contract and trade secret disputes, among others. Kelly has represented clients before the Second Circuit Court of Appeals, in state and federal court, and in arbitration. She also regularly handles agency matters before the Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, and the Connecticut Department of Labor. Kelly counsels clients with respect to their employee handbooks and personnel policies to ensure compliance with state and federal law. She also conducts workplace investigations and trains employers on best practices, including harassment training. She is admitted to practice in Connecticut, New York, and Massachusetts.

203 969 3109