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Time Off for Democracy: California Voting Leave

By Charles O. Thompson & Vanessa C. Krumbein on October 28, 2020
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With the November 3rd election day right around the corner, California employers are reminded that despite the availability of mail-in and early voting options, employers must still comply with California law in providing time off to vote on election day.

California Elections Code section 14000 requires employers to provide employees with sufficient time off to vote, at the beginning or end of the regular working shift (whichever allows the most free time for voting and the least amount of time off from work), if the employee does not have sufficient time to do so during non-work hours on election day. Since polls are usually open between 7:00 a.m. and 8:00 p.m. on election day, most employees will typically have enough time to vote outside of work hours (two to three consecutive non-working hours between the opening and closing of the polls is usually deemed sufficient). However, some employees may need additional time off depending on factors such as how far the employee lives from work (in order to get to their polling station), the employee’s regularly scheduled shift that day, and the reduced availability of polling places due to COVID-19. Thus, employers should plan ahead. But even if more time off from work is granted, only up to the first two hours of time off must be paid.

Employees should provide their employer with two working days’ notice before the election if they would not have enough time to vote during non-work hours and need to take time off for this purpose. This will allow employers to plan for adequate coverage to ensure that all employees can take the appropriate time off.

Employers also need to be mindful of the fact that California Election Code section 12312 prohibits disciplining or discharging employees for taking time off work to serve as election officials on election day. However, employers are not required to pay employees for the time they are absent from work to serve as election officials.

Employers in California should have already informed employees of their right to time off to vote by posting a notice, in a visible location, at least ten days prior to the election. For employees working remotely, employers should consider emailing the notice or otherwise ensuring employees are aware of their rights under the law. Employers may use this sample notice for this purpose.

Tags: 2020 Election
Photo of Charles O. Thompson Charles O. Thompson

Charles Thompson is a dynamic and creative trial lawyer serving national and global clients in high-stakes litigation. He focuses his practice on employment litigation and counseling representing clients through all phases of Class Actions and Single Plaintiff cases. Charles has wide-ranging experience litigating

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Charles Thompson is a dynamic and creative trial lawyer serving national and global clients in high-stakes litigation. He focuses his practice on employment litigation and counseling representing clients through all phases of Class Actions and Single Plaintiff cases. Charles has wide-ranging experience litigating employment-related issues for public and private companies, having handled over 1,000 employment matters for clients ranging from Fortune 500 companies to Silicon Valley startups. He has tried employment, commercial, and professional liability cases to verdict and directed verdict, has litigated and appealed cases from California State Courts to the United States Supreme Court, and is a Fellow of the prestigious College of Labor and Employment Lawyers. His case load includes cutting edge technology companies, air and space and retail.

Charles represents employers in wage and hour cases, as well as EEOC class actions, in state and federal courts across the United States and has broad experience appearing before the California Civil Rights Department, the Division of Labor Standards Enforcement, the Employment Development Department, and the United States Equal Employment Opportunity Commission and the Department of Labor.

In addition to his trial and counseling work, Charles serves as a private and judicial mediator and arbitrator, and has acted as a pro-tem judge upon request of the court. He has broad experience in binding arbitrations and trial. He has taught trial advocacy, diversity, employment cross border conflicts and substance abuse to clients and industry organizations.

Throughout his career, Charles has been a champion for diversity and has served on the Executive Committee of the board of Directors for the Justice & Diversity Center of The Bar Association of San Francisco. He actively supports and promotes diversity efforts and collaborates with clients on diversity issues.

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Photo of Vanessa C. Krumbein Vanessa C. Krumbein

Vanessa C. Krumbein focuses her practice on providing compliance-related and strategic advice to corporate clients of all sizes on all aspects of employment law. Vanessa is a go-to point of contact for advice on a wide range of workplace issues, including employee performance

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Vanessa C. Krumbein focuses her practice on providing compliance-related and strategic advice to corporate clients of all sizes on all aspects of employment law. Vanessa is a go-to point of contact for advice on a wide range of workplace issues, including employee performance and discipline, mitigating risk associated with employee terminations, compliance with wage and hour and disability accommodation laws, reorganizations and reductions in force, pay transparency, background checks, paid time off issues, workplace complaints, and a variety of other employment matters. Vanessa also works closely with clients to draft and implement employee handbooks and other personnel policies with the goal of making them easy to understand by employees, provides training on maintaining discrimination and harassment-free workplaces, and conducts investigations to address employee complaints of unfair treatment. Vanessa also has experience working on employment issues unique to clients in the media and entertainment sector.

Vanessa is also a go-to source for creating employment documents of all types (such as employment and independent contractor agreements, arbitration agreements, non-competes, confidential information, and IP protection agreements, commission and bonus agreements, and severance packages), and is regularly engaged to conduct audits of workplace wage and hour practices. Vanessa also handles employment-related issues and diligence in M&A transactions and counsels on post-merger employee integration matters. Vanessa regularly partners with clients and colleagues across the globe.

Vanessa has a considerable litigation background which gives her a unique perspective when counseling clients on employment best practices. Vanessa has experience litigating class actions, single-plaintiff, and multi-party civil cases, representing employers in state and federal court on a wide range of labor and employment matters, including, for example, claims of discrimination, retaliation, harassment, wrongful termination, violations of privacy, violations of leave laws, wage and hour disputes, and in responding to and negotiating resolution of charges filed with administrative agencies.

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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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