• New York Election Law Section 3-110 entitled “Time allowed employees to vote” was amended and made effective on April 3, 2020
• Pursuant to the amended law:
o Paid Time Off to Vote: If a registered voter does not have sufficient time outside of his or her scheduled working hours, within which to vote on any day at which he or she may vote, at any election, he or she may, without loss of pay for up to two hours, take off so much working time as will, when added to his or her voting time outside his or her working hours, enable him or her to vote
o “Sufficient Time”: If an employee has four consecutive hours either between the opening of the polls and the beginning of the employee’s working shift, or between the end of the employee’s working shift and the closing of the polls, the employee shall be deemed to have sufficient time outside the employee’s working hours within which to vote
o Lack of Sufficient Time: If an employee has less than four consecutive hours he or she may take off so much working time as will, when added to his or her voting time outside his or her working hours enable him or her to vote, but not more than two hours of which shall be without loss of pay, provided that he or she shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed
o Notice by Employee: If the employee requires working time off to vote the employee shall notify his or her employer between 2 and 10 days before the day of the election that the employee requires time off to vote
o Posting Requirements of Employer: At least 10 working days prior to every election, employers must post conspicuously in the workplace where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this law. The notice must remain posted until the close of the polls on Election Day.
• A sample Time Off to Vote Notice is available here: https://www.elections.ny.gov/NYSBOE/elections/TimeOffToVoteNotice.pdf
• For 2020, this Notice must be posted no later than October 20, 2020
The Attorneys in the Labor and Employment Practice Group at Levene Gouldin & Thompson, LLP are available to provide advice and counsel concerning matters related to this amended law.