Time off to vote - California

O

ottomb

Guest
Jurisdiction
California
My question involves labor and employment law for the state of: California

For the recent election, I had to take time off to vote. California law says I can take up to 2 hours off without losing pay in order vote if I do not have sufficient time outside of work hours to do so. My employer claims that it is at their discretion if the employee has enough time or not to vote. They say that in my case I did have enough time, so denied paying me for that time.

1. Should this be reported to the labor board?
2. Is this actionable in any way?
 
Considering the polls are generally open more than 12 hours, how long was your shift that you were unable to vote before or after work?
 
In CA the polls are open from 7AM to 8PM. I looked it up after finding the same post on another site and asked the same question about the OPs work hours.
 
adjusterjack: yes, I saw your other response. I will post my same reply here.

Work hours are from 8AM to 4:30PM. I would have gone after work, but I also have a second job that begins at 6PM, and there was not enough time between jobs to go vote.

I know that there is the mail ballot option, but it is just that, an option. CA labor code makes no mention of it.
 
Your second job is not the problem of your primary employer. You had an hour before work and an hour and a half between jobs.
 
The paid time off SCAM to vote was always ridiculous, and its coming to an end all across this country.
In Cali many people need 90-120 minutes to commute to work.
How is it possible for those people to return to their home area to vote with just two paid hours to do so?
Its demise is being discussed all over the USA.
I predict an end to it over the next two years.

There are other solutions available to potential voters.

People can vote early, which has later hours and is open over weekends:
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Voting in Person
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Anyone can vote by mail:
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Vote By Mail | California Secretary of State
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1. Should this be reported to the labor board?
2. Is this actionable in any way?

No. Your employer doesn't have to give you time off because you have another job after work, or because you might have classes, or maybe have to take care of your dear Aunt Tilly.
As far as they are concerned you had an hour before work and 3.5 hours after.
Don't waste your time trying to fight it.
 
Every other year election day is a state holiday in my state, meaning state agencies, courts, and schools (K-12 schools that is) are closed. The reason had less to do with providing time to vote and more to do with using the buildings as polling stations, and "encouraging" state employees to work the polls. Private industry is of course not required to close, but some do as the kiddos are off school and if they must generally interact with state agencies, they are unable. It is however, a very popular day for mediations and settlement conferences as lawyers don't have court that day.
 
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