My question involves labor and employment law for the state of: California
For the recent election, I had to take time off to vote. California law says I can take up to 2 hours off without losing pay in order vote if I do not have sufficient time outside of work hours to do so. My employer claims that it is at their discretion if the employee has enough time or not to vote. They say that in my case I did have enough time, so denied paying me for that time.
1. Should this be reported to the labor board?
2. Is this actionable in any way?
Since the statute says "sufficient time outside of work hours to vote", that is your burden. You need to make a convincing argument that you could not vote at 7 am or by 8 pm. Even if you have to start out earlier than you would normally or not get home as early as usual, that isn't proof that you couldn't vote before or after work hours. If you worked so far from your polling place that your commute to and from work prevents you from voting and still keeping to your scheduled work hours, you might have a reason to report this to the Labor Commission.
This advice is general information about the law and does not provide legal advice for any particular situation. It does not form an attorney/client relationship or provide confidentiality.
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