Tuesday, November 3, 2020
Fast Hit: As we beforehand reported, earlier this yr District of Columbia enacted the Go away to Vote Modification Act of 2020 (the “Act”) which grants all D.C. workers two hours of paid depart to vote in individual. Though the Act was signed into legislation on April 27, 2020, its enactment was topic to the measure receiving funding underneath the fiscal 2021 price range and finance plan. Proskauer has acquired affirmation from a member of employees on the D.C. Council confirming that the Act was funded within the fiscal 2021 price range and have become efficient as of October 1, 2020.
Extra Element: Upon an worker’s request, an employer might be required to supply the worker no less than two hours of paid depart to vote in individual in any public election within the District. Workers ineligible to vote in D.C. will even be eligible to obtain two hours of paid depart to vote in individual in any election run by the jurisdiction wherein the worker is eligible to vote (as an example, Virginia or Maryland).
The brand new legislation broadly defines “worker” to incorporate all workers eligible to vote and covers each “employer” (although the legislation is silent on its extraterritorial utility). Employers can require that workers requesting day without work to vote present discover an inexpensive size of time upfront, and doesn’t handle the quantity or type of discover required. Much like different paid voting depart legal guidelines, the D.C. legislation will allow employers to specify the hours throughout which an worker could take voting depart, together with taking depart throughout an early voting interval as a substitute of on the precise day of the election.
Employers are prohibited from: (1) deducting from an worker’s wage, wages or accrued depart for paid voting depart; (2) interfering with, restraining or denying any try and take paid voting depart; and (3) retaliating in opposition to an worker for taking paid voting depart. As well as, the legislation will present college students a two-hour excused absence to vote in individual.
The legislation supplies that employers might be required to put up a discover in a conspicuous place that features an simply understood description of the brand new legislation, which might be developed by the D.C. Board of Elections. The D.C. Board of Elections will even be issuing laws deciphering the legislation. As of the writing of this put up, nevertheless, the D.C. Board of Elections has but to publish such discover or laws.
Key Takeaway: Employers in D.C. ought to overview their present voting depart insurance policies to make sure compliance with the Act.
© 2020 Proskauer Rose LLP. Nationwide Regulation Evaluation, Quantity X, Quantity 308