Workers’ voting rights usually found in company policies

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  • Voting and employers
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Employers should talk with their employees about the amount of time they can use to vote on Election Day, a leading labor and employment lawyer said.

Michael W. Bowling, of the Crowe & Dunlevy law firm in Oklahoma City, said workers’ voting rights are typically spelled out in company policy manuals and state law. As early voting and the general election date draw near, companies must ensure they are granting employees time off to vote under Oklahoma law.

Bowling said workers become eligible for paid voting leave if their scheduled workday does not allow for three hours to vote either prior to work starting or at the day’s end. An employer can modify an employee’s schedule in order to give workers time to vote. Polls are open from 7 a.m. to 7 p.m. across the state.

At the same time, employees who want to use voting leave are required to give a 24-hour prior notice and can be required to show proof of voting in order to be eligible for the paid leave. Bowling stressed that all supervisors should be aware of the company’s voting policy and state voting laws.

Most companies in Oklahoma, Bowling said, follow the voting laws, which prevent potential lawsuits.

“Those (lawsuits) are incredibly rare,” he said. “Most people don’t even realize they have the right to vote during business hours.”

Long lines of voters are expected Nov. 3 when most Americans will cast their ballots in the presidential race and many other federal, state, and local elections. Those long lines should be taken into consideration by employers if their workers choose to vote during business hours. Punishing an employee who was delayed by the long lines of voters could cost an employer an unwanted lawsuit.

“That is something employers will need to consider should their employees decide to go vote while at work,” Bowling said. “I would not want to be the attorney representing the company in that case. The best solution from an HR perspective is to halt work at 4 p.m. on the election days so they (employees) can go vote.”

Also, while Oklahoma law generally provides for up to two hours of voting leave, employees may be eligible for more, if their workplace is at such a distance from the polling place that more time is necessary to vote.

Voting isn’t the only issue bosses face during the political season. Political speech and even campaigning on the job can present touchy issues that some employers may not consider until it’s too late.

“People talk about all kinds of topics at work, including sports, religion, and politics, but there’s always a fine line on appropriate speech versus disruptive speech,” Bowling said. “There can be an expression of opinion, but if the speech becomes racist or sexist, that’s not appropriate in the workplace.”

Bowling stressed that government entities cannot restrict political speech in the workplace, but private employers can limit what their workers say. In instances where political discussions become disruptive, employers should rely upon their values, codes of conduct, and general policies addressing professionalism and appropriate behavior to address the disruption, the attorney said.

The caveat, Bowling said, is that some political issues are protected by the National Labor Relations Act, which protects workers’ ability to discuss the terms and conditions of their employment, including wages and benefits, with their coworkers.

“For example, workers may discuss raising the state’s minimum wage, which is a political issue but is also protected speech regarding the terms of their employment. Employers should tread carefully when attempting to regulate employee speech that spans political and workplace issues,” he said. “The best course of action is to be fair and consistent in regulating the workforce and its political speech.”

In addition, supervisors should ensure that guidance on professional behavior is delivered consistently to all workers and not in a manner that singles out one particular group based on race, ethnicity, sex, or religion, he said.