Do I Need To Give Employees Time Off To Vote?

*By Stephen S. Zashin

With the 2010 elections just a week away, many employers wonder if they must give employees time off to vote. Most states require that employers provide time for employees to vote on Election Day. Because no federal law requires private employers to grant employees leave time to vote, the laws vary from state to state. The laws vary greatly – some specify whether the employer must provide paid time off while others only specify how many hours the employer must provide.

In general, most employers will need to provide time to vote if the polls are not open within two to three hours of the employee's scheduled shift. Is your company required to give employees time off to vote?

• The following states require employers provide voting leave and require a specific amount of time the employer must provide to vote: Alabama (up to one hour), Alaska (two hours) Arizona (three hours), California (two hours), Colorado (two hours), Georgia (two hours), Hawaii (two hours), Illinois (two hours), Iowa (up to three hours), Kansas (up to two hours), Kentucky (at least four hours), Maryland (up to two hours), Massachusetts (up to two hours), Missouri (up to three hours), Nebraska (two hours), Nevada (up to three hours), New Mexico (two hours), New York (two hours), Oklahoma (at least two hours), South Dakota (two hours), Tennessee (up to three hours), Utah (two hours), Washington (up to two hours), West Virginia (up to three hours), Wisconsin (up to three hours), and Wyoming (one hour)

• The following states require employers provide voting leave, but do not specify the amount of time required: Arkansas, Minnesota, Ohio, and Texas.

In many states, employers can specify the time an employee may vote. For example, Colorado and Utah provide that the employer may require the time to vote be at the start or end of a shift. California has a similar provision for voting time.

• The following states allow employers to designate voting hours: Alabama, Arizona, Colorado, Georgia, Illinois, Iowa, Kansas, Kentucky, Massachusetts (limited to certain employers), Missouri, Nebraska, Nevada, New York, Oklahoma, South Dakota, Tennessee, Utah (limited to certain employers), Washington, Wisconsin, Wyoming. 

In some states, employers must pay its employees for taking time off to vote. The qualifications and conditions employees must meet vary from state to state.

• Paid leave for voting exists in 23 states, including: Alaska, Arizona, California, Colorado, Hawaii, Illinois, Iowa, Kansas, Maryland, Minnesota, Missouri, Nebraska, Nevada, New Mexico, New York, Oklahoma, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wyoming. 

• Seven states do not require paid time off: Alabama, Arkansas, Georgia, Kentucky, Massachusetts, Ohio, and Wisconsin. 

Some states also have specific requirements that an employee must follow to request the leave. 18 states currently require employees to give advance notice.

• States that require advance notice include: Alabama (reasonable notice), Arizona (one day), California (two workdays), Colorado, (one day), Georgia (reasonable notice), Illinois (one day), Iowa (one day), Kentucky (at least one day), Massachusetts (one day), Missouri (one day), Nebraska (one day), Nevada (one day), New York (two to ten days), Oklahoma (one day), Tennessee (by noon before Election Day), Utah (one day), West Virginia (three days), and Wisconsin (one day). 

If your company’s employees have not requested voting leave already, be prepared for many of them do to so. Employers should first investigate the applicable laws where the company does business. In most instances, employers should contact counsel if it has questions about employee leave time to vote and whether the employer is required to pay for such time off.

*Stephen S. Zashin, an OSBA Certified Specialist in Labor and Employment Law, has extensive experience in all aspects of workplace law, including questions about employee leave. For more information about employment law, please contact Stephen at 216.696.4441 or ssz@zrlaw.com.

Massachusetts Law Requires Employees Receive Notice of Negative Information in Personnel Records

By Patrick M. Watts

Massachusetts recently passed an amendment to their Personnel Records Statute (Mass. Gen. Laws c. 149, § 52C). Employers of 20 or more employees must notify employees when negative information is placed into personnel files.

The Office of the Attorney General will enforce this amendment and may set fines anywhere from $500 to $2,500 per violation. To date, no guidelines from the Attorney General have been issued.

Under Massachusetts law, an employee’s personnel record is defined by what it contains – not by where the records are kept. Formal personnel files maintained by Human Resources are contained within the definition. More problematic are more informal supervisor files and reviews which are also included in an employee’s “personnel record.”

The language within the amendment is broad and vague, leaving many employers confused over how to implement this change. The amendment requires employers notify employees within 10 days when “any information” is placed within an employee’s “personnel record” that “may be used” to “negatively affect” an employee’s qualifications. This includes anything that could negatively affect employment, including: promotion, transfer, compensation, or the possibility of disciplinary action. Employers must comply with an employee’s request for review within five days of the request.

Employees in Massachusetts have a right to review personnel records up to two times per year. However, if the notice is triggered, the employee’s review does not count in the two reviews permitted annually. Additionally, employees may seek judicial action to expunge any information from personnel records the employer knew or should have know was false.

Employers affected by this statute should examine their policies and practices to comply with the new amendment.

Nickel and Dimed – Ohio’s Minimum Wage Increases to $7.40 in 2011

*By Michele L. Jakubs

As part of a Constitutional Amendment approved by voters in 2006, Ohio’s minimum wage will increase by ten cents in January 2011. The Amendment provides for an indefinite increase every January 1st tied to the rate of inflation. After a stagnant year in 2009, inflation rose 1.4 percent in the 12 months ending August 31, 2010. This rise in inflation will increase the minimum wage by 10 cents in January.

Workers who are 16 years and older and do not receive tips will see an increase of ten cents to $7.40 per hour. Tipped employees will see an increase of five cents to $3.70 per hour. This new wage affects employers who gross more than $271,000 annually.

Employers who gross less than $271,000 annually will be required to pay the same as the federal minimum wage, currently set at $7.25 per hour. Employees who are 14- and 15-years old will also receive $7.25 per hour, regardless of company revenue.

If you have any questions about complying with these new wage increases, please contact Michele L. Jakubs.

*Michele L. Jakubs, an OSBA Certified Specialist in Labor and Employment Law, has extensive experience in all aspects of workplace law, including wage and hour compliance. For more information about employment law, please contact Michele at 216.696.4441 or mlj@zrlaw.com.