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.

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Photo of Charles O. Thompson Charles O. Thompson

Charles Thompson 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

Charles Thompson 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, and has litigated and appealed cases from California State Courts to the United States Supreme Court.

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 Department of Fair Employment and Housing, 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 and substance abuse to clients and industry organizations.

Throughout his career, Charles has been a champion for diversity and currently serves 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.

Photo of Vanessa C. Krumbein Vanessa C. Krumbein

Vanessa C. Krumbein focuses her practice on counseling employers, in-house counsel, and human resource professionals on a wide range of workplace issues, including employee performance and discipline, employment agreements, compliance with wage and hour laws, managing disability accommodation and leaves of absence, employee…

Vanessa C. Krumbein focuses her practice on counseling employers, in-house counsel, and human resource professionals on a wide range of workplace issues, including employee performance and discipline, employment agreements, compliance with wage and hour laws, managing disability accommodation and leaves of absence, employee classification, and workplace harassment investigations, and she works with companies to develop employee handbooks and appropriate personnel policies and procedures. Vanessa also has experience working on employment issues unique to clients in the media and entertainment sector.

Vanessa also represents employers in administrative proceedings and in state and federal court on a wide range of labor and employment matters, including claims of discrimination, retaliation, harassment, wrongful termination, violations of privacy, violations of leave laws, wage and hour disputes, and other employment-related claims. Vanessa has experience litigating class actions, single-plaintiff, and multi-party civil cases.