EMPLOYEES TIME OFF TO VOTE

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With the upcoming elections, it’s time to remind our clients of applicable obligations to allow employees time off work to vote.  There are currently 28 states, plus DC, that require that time off.  You can find a chart of every state’s requirements here Time off work for voting – Ballotpedia . 

California Time Off to Vote Notice

Under California Elections Code § 14001, employers must conspicuously post the Time Off to Vote notice at least 10 days before a statewide election, either at the workplace or where employees can see it as they enter or leave work. For the November 3, 2026, statewide election, the notice should be posted no later than October 24, 2026.

To help our California clients meet this requirement, our team will distribute the Time Off to Vote notice to employees unless you let us know that you do not want us to distribute it on your behalf. 

– For clients whose payroll we process through PrismHR, the notice will be provided to employees through their PrismHR employee portal. 

– For clients whose employees are not paid through PrismHR, we will send the notice directly to employees via email.

Please also remember that the Time Off to Vote notice is included on your California workplace poster, which should already be displayed in a common, visible area where employees can view required workplace notices. Between the workplace posting and our supplemental electronic distribution, clients will have multiple methods of ensuring employees receive access to the required notice.

As political opinions continue to be highly diverse, it’s also important to limit discussions in the workplace appropriately.  For example, employers cannot control or restrict employees’ political activity.  However, we can have content-neutral policies for workplace civility that apply equally to all non-business discussions – whether political, religious or otherwise.  

If you need assistance addressing election-related requirements or political discussions in your workplace, please contact the HR Generalist team.


2026 PAGA CLAIMS 

With the reforms enacted in 2024 for PAGA  (class action wage & hour claims), it was expected we would see a reduction in new PAGA claims.  However, so far 2026 is averaging about 849 PAGA notices per month, on pace to be the biggest year on record according to multiple employment law sources.    

And for a twist on this area, Santa Clara County has sued a business that has continued operations while not paying wage-theft judgements going back to 2013 and allegedly engaging in efforts to evade those judgements.  AB 261, passed in 2025, makes noncompliant businesses liable for up to 3 times the outstanding judgement (plus attorney’s fees), and this business could be liable for more than $800,000.   

It remains critical to ensure compliance with California’s voluminous wage & hour regulations to avoid the potential of a PAGA action against your company.  This includes correct payment of overtime, meal & rest periods, sick leave payments, and many more areas.  Our team provides guidance in wage & hour for our clients, and it’s important to adhere to these to minimize this exposure.  We appreciate that compliance with some of these can be frustrating, but non-compliance can be very costly!  


NEW CALIFORNIA WORKPLACE LAWS

We have a number of new laws affecting employment that have been signed by the Governor.  These will be covered in the annual employment law update presented by our employment law firm, Stradling, on November 10th, from 8-10 am. Topics to be addressed include new legislation for 2027, necessary changes to employee handbooks, important changes to PAGA, wage and hour developments, as well as other areas of concern to employers, with a focus on practical guidance.  You can register for that here Webinar Registration – Zoom .

In the meantime, this is a good summary to review California’s New Workplace Laws Put AI and Employee Monitoring in the Spotlight: Your Full Guide to 11 Bills Just Signed (and 1 Vetoed) | Fisher Phillips LLP . 


MANAGERS VS LEADERS

Managers may help ensure work is done in an organization, but Leaders are the ones who will drive performance, productivity and profitability by creating a team culture.  This is a good assessment of core differences by Simon Sinek 5 Things Managers Do That Leaders Never Would, According to Simon | Stories | Simon Sinek . 


We are updating our Leadership training series to start again in January.  This allows clients to enroll managers/leaders to work in a group training program, for far less cost.  We’ll provide details on that soon!