NEW YORK, Feb. 28, 2020 /PRNewswire/ -- Employees in 14 states across the country who are heading to the polls on Super Tuesday face vastly different time-off-to-vote rights depending on where they live, according to experts at Wolters Kluwer Legal & Regulatory U.S.
In addition to deciding a third of the delegates for the Democratic National Convention, the votes cast on Super Tuesday will also provide a strong indicator of who the presidential Democratic candidate will be. While some states have no time-off-to-vote provisions, employers in many states are required to allow employees time off to cast their ballots. In certain states, there are varied civil or criminal penalties for companies that do not follow the law. Four of the Super Tuesday states have no provisions requiring employers to give employees time off to vote. Massachusetts provides for time-off-to-vote only for manufacturing, mechanical, and mercantile industries.
"Since time-off accommodations vary from state to state, employees may not be aware of what they are entitled to," said Barbara O'Dell, J.D., Legal Analyst at Wolters Kluwer Legal & Regulatory U.S. "Ten of the Super Tuesday states require employers to provide some type of time off to vote, and eight of those states also require employers to pay for an employee's time off. In Alabama and Arkansas, employers are required to give employees time off to vote but are not obligated to pay employees for their time off. As the year progresses toward the presidential election in November, it is important for both employees and employers to understand the voting regulations that are in effect in their jurisdiction."
Wolters Kluwer Legal & Regulatory U.S. summarizes the time-off-to-vote requirements in each Super Tuesday state:
Alabama |
Employees may take up to one hour, but not if the polls are open two hours before work and open at least one hour after work. There is no requirement for the employer to pay wages for the time off. The law applies to all elections. The law applies to all employees. Influencing an employee's vote through means of coercion, intimidation, threat of discharge, or reducing pay is a Class B misdemeanor offense (up to 6 months in jail or fine up to $3,000). |
Arkansas |
Employers must schedule the work hours of employees so that each employee will have an opportunity to vote. The law refers to "election days." There is no requirement for the employer to pay wages for the time off. The law applies to all employees. Any employer who fails or refuses to provide the time off will be subject to a fine ($25 to $250). |
California |
Employees can take up to two hours at the beginning or end of the shift, whichever allows the most time for voting and the least time off from the regular working shift. The law refers to all "statewide elections". This is paid time off. The law applies to all employees. Influencing an employee's voting or political activities is a misdemeanor (up to 1 year and/or $1,000 to $5,000). |
Colorado |
Employees can take up to two hours during the time the polls are open and may request the beginning or end of the shift. The law applies to all elections. This does not apply to employees who have up to 3 non-work hours available while the polls are open. This is paid time off. The law applies to all employees. To refuse to allow the time off or not pay for it is a misdemeanor (up to 1 year and/or $1,000). |
Maine |
There are no provisions requiring employers to give employees time off to vote. |
Massachusetts |
There are no provisions requiring employers to give employees time off to vote, except for the manufacturing, mechanical, and mercantile industries. Employees cannot be employed for the first two hours during the period of two hours after the opening of the polls. The laws states "at an election." There is no requirement for the employer to pay wages for the time off. Violators are subject to a fine (up to $500). |
Minnesota |
All employees have the right to take time off to vote during an election day and must be paid. No specific time is mentioned. "Election" means a regularly scheduled election, an election to fill a vacancy in the office of U.S. Senate or House, an election to fill a vacancy in nomination for a constitutional office, an election to fill a vacancy in the office of state senator or state representative, or a presidential nomination primary. It is a misdemeanor (up to 90 days in jail and/or fine of up to $1,000) for employers who directly or indirectly refuse, abridge, or interfere with the right to vote or any other election right of an employee. |
North Carolina |
There are no provisions requiring employers to give employees time off to vote. |
Oklahoma |
Employers must grant employees up to two hours to vote, unless more time is needed because of the distance of the polling place. The law refers to "election day." Employers set the hours. Employees must be paid if they prove they voted. This does not apply to employees who have up to three non-work hours available while the polls are open. The law applies to all employees. Any employer who fails to comply is guilty of a misdemeanor (fine up to up to $100). |
Tennessee |
Voters of an "election held in this state" may be absent from service or employment on the day of the election for up to three hours. The law covers all elections. The law applies to "any" service or employment. It does not apply to employees who have up to three non-work hours available while the polls are open. Employees must be paid. Coercing, directing, or threating to discharge any employee to vote for any measure, party is a Class C misdemeanor (up to 30 days in jail or a fine up to $50). |
Texas |
Employers may not refuse to allow an employee to take time off to vote. There is no time limit, but it does not apply to employees who have up to two non-work hours available while the polls are open. Employees must be paid. The law applies to all general, special, and primary elections and to all employees. State employees must be given "sufficient time off." Any employer who fails to comply is guilty of a Class C misdemeanor (fine of up to $500). |
Utah |
Employers must grant employees up to two hours to vote on election day. "Election" means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a local district election. It does not apply to employees who have up to three non-work hours available while the polls are open. The law applies to all employees and employees must be paid. Any employer who fails to comply is guilty of a Class B misdemeanor (up to six months in jail and/or a fine of up to $1,000). |
Vermont |
There are no provisions requiring employers to give employees time off to vote. |
Virginia |
There are no provisions requiring employers to give employees time off to vote. |
For More Information
For members of the media interested in additional detail on time-off-requirements or an interview with an expert from Wolters Kluwer Legal & Regulatory U.S., please contact us at [email protected].
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Linda Gharib
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Wolters Kluwer Legal & Regulatory U.S.
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