ARTICLE
4 November 2010

New Minnesota Voting Law Expands Employers’ Obligations on Election Day

LH
Larkin Hoffman Daly & Lindgren

Contributor

Larkin Hoffman provides counsel to a wide variety of organizations, from small businesses and nonprofits to Fortune 500 companies, in many areas of practice including corporate and governance matters, litigation, real estate, government relations, labor and employment, intellectual property, information technology, franchising and taxation. The firm also serves the needs of individuals in many areas including trusts and estates and family law.

We are an entrepreneurial law firm with a vibrant practice. Our attorneys’ doors are open for collaboration in a friendly and professional atmosphere. We nurture client relationships through exceptional service, teamwork and creativity even as we work remotely. We are a firm, not merely a collection of individuals practicing law under the same roof. This spirit of cooperation – among attorneys and staff – is a key element of our firm culture.

Election Day falls on Tuesday, November 2nd this year. A new Minnesota law changes Minnesota employers’ obligations to provide its employees time off to vote.
United States Employment and HR

Election Day falls on Tuesday, November 2nd this year.  A new Minnesota law changes Minnesota employers' obligations to provide its employees time off to vote. 

Under recently passed legislation, employers are required to provide an employee who is eligible to vote time off from work "for the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election."  This means that at any time on Election Day, employees may be absent from work for the time necessary to vote, and then return to work.  Under the prior law, employers were only required to provide an employee with time off to vote in the morning

Significantly, employees who take time off from work for the time necessary to vote must be paid for that time.  The employees cannot be required to use personal leave or vacation time for the time off required to vote.  A violation of the law may be punishable as a misdemeanor (maximum fine of $1,000 and up to 90 days in jail).

Although Minnesota law does not require an employer specifically to inform its employees of their right to time off to vote, many employees are familiar with the former law from past elections.  The law also does not specifically require employees to make a prior request, verbally or in writing, for time off to vote.  However, employers may find it beneficial to inform employees of their right to time off to vote.  Employers may request, but cannot require, that employees notify their supervisors in advance and remind them that most polls open at 7:00 a.m. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More