Many states provide employees with time off to vote and each has its own requirements. Read on to learn more about employee and employer rights and obligations in New York, New Jersey and Connecticut this election cycle.
In New York, polls are open from 6am-9pm on Election Day. New York employees are eligible for up to 2 hours of paid leave to vote on Election Day if: (1) they are registered voters (the voter registration deadline in NY is October 23); (2) they do not have 4 consecutive off-duty hours to vote on Election Day; and (3) they give their employer between 2-10 working days advance notice for voting leave. Employees may not be required to use other paid leave for time off to vote.
Employers must post a Notice in an obvious place where employees come and go from work. The Notice must be posted for 10 working days before Election Day, from October 22, 2024, until the polls close on Election Day. Remote employees should receive the Notice by email. Employers may designate the start or end of a shift for voting leave or can agree with employees on a different time. It is a misdemeanor for an employer to refuse to allow eligible employees to vote or to improperly reduce wages for attending an election. All NY voters are protected against voter intimidation, whether by an employer or other person.
In New Jersey, polls are open from 6am to 8pm on Election Day. The registration deadline to vote is October 15, 2024. New Jersey employees are not eligible for paid or unpaid time off to vote on Election Day.
It is a crime for an employer to threaten or inflict harm, to influence or intimidate, or to compel an employee to vote or not to vote, to vote for or against a particular candidate, or to interfere with an employee’s right to vote. Employers are prohibited from enclosing in their employees’ pay envelopes “threats, expressed or implied, intended … to influence the political opinions or actions of [their] employees.”
In Connecticut, polls are open from 6am-8pm. Effective July 1, 2024, Connecticut’s voting leave law expired and Connecticut employees are no longer eligible for paid or unpaid time off to vote. Connecticut law bans voter intimidation, deception, and obstruction no matter who does it, whether an employer or other person. Voters may register to vote on Election Day at their local Same Day Registration location.
Christine Zebrowski is a Partner in the firm’s Employment & Labor group, with 30 years of experience in private practice and as senior in-house counsel. She offers clients expert advice and counsel on a comprehensive array of employment matters. Her legal background includes U.S. and international employment law, litigation, dispute resolution, investigations, compliance, training, and data privacy.
