#EmployerLaw #VotingRights #EmployeeHandbook #CaliforniaLaborLaws #PAGA
Have you found yourself in a situation where your employer is not allowing you to vote because their employee handbook states that you must provide at least 2 days notice? 🗳️ This can be a frustrating and potentially illegal situation, especially if you are located in California and are a wage hourly temp worker. Let’s dive into the details and explore what your rights are in this scenario.
## Understanding Your Rights as an Employee in California
In California, employees have certain rights when it comes to voting, regardless of what is stated in an employee handbook. It is important to be aware of these rights to ensure that you are not being unfairly restricted from exercising your democratic right. Here are some key points to consider:
1. **California Voting Rights**: In California, employees have the right to take up to two hours off to vote at the beginning or end of their shift if they do not have sufficient time outside of working hours to vote.
2. **Employer Obligations**: Employers are required to post a notice at least 10 days before Election Day informing employees of their voting rights. Additionally, employers cannot discharge or threaten to discharge an employee for taking time off to vote.
3. **Employment Handbook**: While an employee handbook may provide guidelines for requesting time off, it cannot override state laws that protect an employee’s right to vote.
## What to Do If Your Employer is Violating Your Voting Rights
If you believe that your employer is breaking the law by not allowing you to vote due to their employee handbook policies, there are steps you can take to address this issue in a fair and legal manner. Here’s what you can do:
1. **Consult a Legal Expert**: It’s great that you’ve already spoken to a lawyer about this issue. If you believe that you have a case for a class action lawsuit under the Private Attorneys General Act (PAGA), it’s important to gather as much evidence as possible to support your claim.
2. **File a Complaint**: Filing a complaint with the Department of Labor and the Elections Office is a proactive step in addressing the situation. By documenting your concerns with these government agencies, you are protecting your rights and potentially sparking an investigation into your employer’s actions.
3. **Document Everything**: Keeping a detailed record of any conversations, emails, or written policies related to this issue will be crucial if you need to prove retaliation post-termination. Make sure to save any relevant documents in a safe place for future reference.
## Final Thoughts and Updates
It’s unfortunate that you are facing this situation as a wage hourly temp worker, especially when working long hours without benefits. However, it’s important to remember that you have rights as an employee in California, and there are avenues available to address violations of those rights.
By proactively taking steps to address the situation and gather evidence, you are setting yourself up for potential legal recourse if necessary. Stay informed, stay vigilant, and remember that your voice matters, both in the workplace and at the ballot box. Keep us updated on any developments, and know that you have support in seeking justice. Good luck! 🌟
Remember, it’s essential to navigate labor laws and employee rights with awareness and diligence. Stay informed, seek assistance from legal experts when needed, and take proactive steps to protect your rights as an employee. Your voice matters, and your vote is a powerful tool in shaping your future. Thank you for bringing attention to this important issue, and we wish you the best in your efforts to address it.
#VotingRights #EmployeeAdvocacy #CaliforniaLaborLaws #LegalProtection
Edit: I was wrong; the law does have a two-day notice requirement:
> If the employee on the third working day prior to the day of election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days’ notice that time off for voting is desired, in accordance with this section.
https://www.sos.ca.gov/elections/time-vote-notices
> before I file a complaint
With the Secretary of State? Or internally?
The only time away from work you’re entitled to in California is earned sick leave, and the sick leave law just requires that you notify your employer as soon as humanly possible when you know you’re going to be out due to illness (or whatever other reasons provided by law).
Outside of that, your employer is entitled to require that you give them at least a 2-day heads up that you’re going to miss work.
*Edit: Missed the “to vote” part, employees are entitled to time off for that, and 2-day notice can be required in certain instances.*
If you give enough notice, usually 2 days, you should be able to take 2 hrs at the start of or at the end of your shift to vote. Just curious, didn’t you get a mail-in ballot? And most polls close at 8 PM btw.
You are in ca so are there not absentee ballots you could have requested? Election Day isn’t a surprise either so why didn’t you request off 2 days in advance?
Your attorney js wrong. If you’re job has an even moderately competent attorney you will have to go to arbitration to determine if you’re an aggrieved employee before you ever go to court for PAGA claims