Reminder for California Employers: Post Time-Off-For-Voting Notice By October 26

With Election Day fast approaching, California employers across the state have a key compliance task to address before November 5 – you must post a notice informing employees of their paid-time-off-to-vote rights by October 26. Here’s a quick recap of what you need to know, and four steps you should take to ensure you are in compliance. You can also visit our Election Season Resource Center for Employers to review all our thought leadership and practical resources.

Posting Requirement

Under California Elections Code section 14001, employers are required to post a notice to employees that explains their rights to take time off for voting. This notice must be posted at least 10 days before a statewide election – meaning employers must have the notice up by Saturday, October 26. The notice can be displayed in the workplace or in a location visible to employees as they enter or exit the work premises.

You can download a sample notice from the California Secretary of State’s website, and you can also call the Elections Division at (916) 657-2166 to order posters.

Paid Time Off for Voting

California employees are eligible for paid time off to vote if they do not have sufficient time outside of working hours to do so. You should keep in mind the following:

• Poll hours: Polls will be open from 7:00 a.m. to 8:00 p.m. on election day.
• Maximum paid time: Employees may receive up to two hours of paid time off for voting, though they are entitled to take additional unpaid time if necessary.
• Conditions: You can require the time off to be taken at the beginning or end of the employee’s shift.
• Advance notice: You may require employees to provide advance notice if they need time off to vote.

For a full state-by-state guide to all employee paid time off requirements, visit our comprehensive Insight here.

4 Steps to Compliance

To stay compliant, California employers should:

1. Download or order the required notice as soon as possible.
2. Ensure the notice is posted in a visible location by October 26.
3. Inform managers and HR personnel about the company’s time-off policy for voting, including the conditions under which employees are entitled to paid time off.
4. Encourage employees to vote and remind them of their rights in advance of election day.

Conclusion

We will continue to monitor developments related to all aspects of workplace law with a focus on the 2024 elections. Visit our Election Season Resource Center for Employers to review all our thought leadership and practical resources. Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information. If you have questions, contact your Fisher Phillips attorney, the author of this Insight, or any attorney in any of our California offices.