Oct 24, 2016

Employers’ Obligations Under New York Election Law

New York employers should be aware of their obligations under New York Election Law §3-110.  Pursuant to this statute, if an employee does not have sufficient time outside his/her working hours to vote, he/she is allowed to take up to two hours at the beginning or end of his/her shift, with pay, to enable him/her to vote.  Sufficient time is defined as an employee having four consecutive hours either between the opening of the polls and the beginning of his/her working shift, or between the end of his/her working shift and the closing of the polls.

If the employee requires time off to vote, he/she must notify the employer not more than ten nor less than two working days before the election that he/she needs time off to vote in accordance with the statute.

Finally, no less than ten days before every election, employers must post conspicuously in the work place, where it can be seen as employees come and go to their place of work, a notice setting forth the provisions of the statute. The notice must be kept posted until the close of the polls on Election Day.  The general election will be held on Tuesday, November 8, 2016.  Therefore, the notice should be posted before tomorrow, October 25, 2016.  You can find the election notice on the New York State Board o Election’s website:

If you have any questions about these issues, please contact your Labor and Employment counsel at Smith, Gambrell & Russell, LLP.

This client alert is intended to inform clients and other interested parties about legal matters of current interest and is not intended as legal advice.  If you have any questions regarding these issues, please contact your labor and employment counsel at Smith, Gambrell & Russell, LLP.   

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