Election Day 2009 -- Voting Leave Laws

With Election Day approaching (November 3, 2009), employers are reminded to review their policies and practices regarding the provision of time off to vote.  Most states require employers to allow employees time to vote during the workday and, in some cases, to inform employees of their right to time off.  Sharing information with employees about taking time off to vote may help avoid the impression they are entitled to paid time off (if in fact they are not), or that they may spend the time volunteering for a candidate rather than simply casting their ballots.  Employees should also be informed of whether the law requires them to give advance notice of their intention to vote during the workday.

A chart summarizing an employer’s obligation to provide leave in jurisdictions with applicable legislation can be found here.  Of course, local law also should be consulted.

[H/T:  Thanks to Rich Greenberg and Dan Jacobs for preparation of the summary chart and Larry Pearson for suggesting the topic.]

Wage and Hour Nominee Withdraws

As reported previously, the Department of Labor’s Wage and Hour Division has been staffing up in anticipation of more aggressive enforcement. Who will lead those enforcement efforts has recently come into question with the revelation that the Obama Administration’s nominee for Wage and Hour Administrator, Lorelei Boylan, has withdrawn from consideration for the post.

Coupled with the difficulties faced by Solicitor nominee Patricia Smith, who has a hold placed on her nomination by Wyoming Senator Mike Enzi, the Department lacks confirmed leaders in two of the most significant positions for wage and hour enforcement. Exactly what effect this absence might have on the enforcement efforts of the agency remains to be seen.

 

We will continue to post developments regarding the nomination and confirmation process for these two key positions.

 

UPDATED:  The official White House press release announcing the withdrawal of Ms. Boylan's nomination can be found here.