With midterm elections scheduled for November 3, 2026, and early voting already underway in New York, employers may be facing an uptick in questions regarding voting leave or incidents involving political speech. This article outlines state and federal laws concerning employees’ paid time off to vote and political speech in the workplace.
Quick Hits
New York law requires employers to give workers paid time off to vote when there is not enough time before or after a shift to vote.
The First Amendment of the U.S. Constitution generally does not prevent private employers from firing or disciplining a worker for political speech that violates a company policy.
The National Labor Relations Act protects employees’ speech that relates to the terms, conditions, and benefits of employment, which sometimes overlaps with political speech.
Time Off to Vote
The New York Election Law, Section 3-110, governs when a New York employer must give employees paid time off to vote. Employers must… Read the complete article here...
© 2026, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.