With New York’s upcoming primary election on June 25, 2024 (“Election Day”), employers face obligations regarding employee voting rights. Employers must post the New York Time Off to Vote Notice (“Notice”), which can be found here, by no later than June 15, 2024. The Notice should be posted in a location where it can be seen as employees come or go in the workplace. The Notice must remain displayed until the polls close on Election Day. For employers with remote workers, we recommend posting the Notice on your intranet or sending it to employees via email.

New York law allows registered voters to take time off to vote if they do not have a four-hour window to vote either before their workday begins or after it ends while the polls are open. If the employee qualifies for time off to vote, for non-exempt employees up to two (2) hours must be paid. Exempt employees are paid their regular salary. Employers have the discretion to designate whether this time can be taken at the beginning or end of an employee’s shift, unless an alternative arrangement is made. Employees intending to take time off to vote must notify their employer no more than ten (10) and no less than two (2) working days before Election Day. 

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.