DATE: March 3, 2020
TO: Kane Kessler Clients
FROM: Labor and Employment Law Department
RE: New York State Election Law Reminder NY Employees Entitled to Up To Three Hours of Paid Time Off to Vote
With New York’s presidential primary upcoming on Tuesday, April 28th, employers should be aware of New York State’s Election Law Section 3-110 which was amended in April 2019 to give all employees up to three (3) hours of paid time off to vote. All registered New York voters may request up to three hours of time off, regardless of their schedule, without loss of pay to enable the employee to vote in any public election. Employers may designate whether the time off will be taken at the beginning or end of the employee’s shift. To be entitled to voting time off, employees must be registered to vote and must provide at least two (2) days’ advance notice of the need for time off to vote.
Attached is the required posting and the New York State Board of Elections “Time Off to Vote” FAQ. Employers must conspicuously post the notice at the workplace no later than April 18, 2020 (at least 10 days before the primary). This notice must remain posted until the election polls are closed. New York employers should review their existing Voting Leave policies to ensure compliance with the new law. If you have any questions or need assistance in complying with the new law, please do not hesitate to contact David R. Rothfeld, Jennifer Schmalz, Lois M. Traub, Alexander Soric, Robert L. Sacks, Jaclyn Ruocco or Joseph Tangredi.