Paying employees to vote. Legal... Ethical?

[k9bfriender]

So, I have decided that we should be closed for Election day, Nov 8th. A few of my employees requested it off, as they are planning on doing get out the vote efforts, and I have found myself getting involved in some election day activities as well, so it would be easiest for all just to be closed for that day.

I think I would like to make it a paid day off for them, but I also want them to go vote.

Is there anything legally or ethically that should not allow me to compensate them for voting? (I don’t care how they vote, just that they do.) Whether or not they voted is a matter of public record, so it is not like I would be invading their privacy, or asking any questions that I shouldn’t ask.

[Sunny_Daze]

I have worked for several large companies that had paid time off for voting, but none ever required proof that I had done so. I am uncertain of the legality of doing so.

I located this website that lists voting leave laws by state. If you start here, you may be able to find out more.

I would suggest that you just give your team the day off, perhaps with a few words on your commitment to civic duty, and not worry about it beyond that. Just MO.

• I thought I posted this earlier, but the hamsters ate it. Apologies if this ends up as a double post.

** Also, kudos to you for considering this.

[jtur88]

A few years ago, Starbucks offered a free coffee to anyone who voted. Is that legal?

I didn’t vote, but I accepted the coffee anyway. Is that moral?

It’s the only time I ever had a Starbuck’s coffee. Is that cool?

[Trinopus]

Even if it’s legal, it’s of dubious morality.

Also, anyone could show up and turn in a blank ballot. For a day’s pay, I’d do that.

No, just give the paid day off, for patriotic reasons, and allow them the freedom to do what they want with it…for patriotic reasons.

[k9bfriender]

@Trinopus

Even if it’s legal, it’s of dubious morality.

Also, anyone could show up and turn in a blank ballot. For a day’s pay, I’d do that.

No, just give the paid day off, for patriotic reasons, and allow them the freedom to do what they want with it…for patriotic reasons.

If they want to turn in a blank ballot, that’s fine. I just care that they show up. The politicians don’t know how they voted either, just that they did, and that’s what I consider to be important.

Nearly half of my employees are definitely going to be voting, as they have requested the day off for get out the vote activities. don’t really need to do much there. There are a few others that I don’t know about.

My plan is pretty much to go ahead and pay them for the day off in any case, but as I would like it if more people voted, I would not be against adding an incentive as well, assuming that said incentive would be legal and ethical.

[Quartz]

This was mooted in Wales earlier this year.

(Personally, I’d like to see the UK General Election made a national holiday.)

[cochrane]

@Trinopus

Even if it’s legal, it’s of dubious morality.

Also, anyone could show up and turn in a blank ballot. For a day’s pay, I’d do that.

No, just give the paid day off, for patriotic reasons, and allow them the freedom to do what they want with it…for patriotic reasons.

I would do this. Give everybody the day off with pay, and don’t make voting a condition of it. Also, don’t ask for confirmation that anyone voted. One of the basic foundations of voting is that one’s vote is private.

[k9bfriender]

@cochrane

I would do this. Give everybody the day off with pay, and don’t make voting a condition of it. Also, don’t ask for confirmation that anyone voted. One of the basic foundations of voting is that one’s vote is private.

What you voted is private. Whether or not you voted is a matter of public record.

[Great_Antibob]

Paying people money to vote is definitely right out, at least for federal elections (and likely most state elections). It doesn’t matter if you don’t care who they vote for. There are, as usual in these cases, historical reasons we don’t want companies paying employees to vote.

A paid company holiday for everybody on election day should be ok, though, as long as it’s not a requirement that employees vote. IANAL and YMMV, of course.

@jtur88

A few years ago, Starbucks offered a free coffee to anyone who voted. Is that legal?

It might be. Most Starbucks changed the offer to a free coffee to anybody on election day to avoid the legal issue.

@jtur88

I didn’t vote, but I accepted the coffee anyway. Is that moral?

I’d say it was immoral not to vote, but morality is a personal thing.

[cochrane]

@k9bfriender

What you voted is private. Whether or not you voted is a matter of public record.

And you intend to look up your employees’ records to see who voted and who didn’t and give bonuses based on that? Legal, yes, but not ethical, IMO. Either pay everybody for the day off, or pay nobody, but it’s none of your business who voted WRT to their terms of employment or what they do on their day off.

[Alley_Dweller]

Do you have any employees who are not citizens?

Then be careful you don’t violate the The Immigration Reform and Control Act of 1986 (IRCA) by offering a benefit that non-citizens cannot qualify for.

[Peremensoe]

@Great_Antibob

Paying people money to vote is definitely right out, at least for federal elections (and likely most state elections).

I have worked for two companies that did pay us to vote in federal elections. In one case, we were told to vote first, then work a half day after, showing the “I Voted” sticker when we came in.

I don’t see the problem.

[Great_Antibob]

@Peremensoe

I have worked for two companies that did pay us to vote in federal elections. In one case, we were told to vote first, then work a half day after, showing the “I Voted” sticker when we came in.

I don’t see the problem.

Well, technically, that’s illegal. Financial renumeration for voting in federal elections is definitely against the law.

Whether or not it should be is a separate matter. Historically, some companies have been known to ‘suggest’ employees vote a certain way, which is not necessarily what we want in a fair and free democracy. Also, there’s the argument that it disincentivizes citizens from actually researching the issues, thereby cheapening our civic duty.

Personally, I’m ok with the concept as things stand now, as long as we can have some reasonable assurances that people aren’t being motivated to vote one way or the other. Sure, it’d be nice if people actually researched the issues and the candidates, but it’s largely not happening now, so why not reach for a little more participation. We can worry about whether or not people are taking it sufficiently seriously when more of them actually get to the ballot.

[actualliberalnotoneofthose]

Give a paid day off and mind your own business about the voting. Some people consider not voting patriotic act.

[Peremensoe]

@Great_Antibob

Well, technically, that’s illegal. Financial renumeration for voting in federal elections is definitely against the law.

Could we see the law?

@Great_Antibob

Also, there’s the argument that it disincentivizes citizens from actually researching the issues, thereby cheapening our civic duty.

How’s that? Seems to me it expressly values our civic duty. Just like companies that pay for jury duty.

[Bricker]

@Alley_Dweller

Do you have any employees who are not citizens?

Then be careful you don’t violate the The Immigration Reform and Control Act of 1986 (IRCA) by offering a benefit that non-citizens cannot qualify for.

That’s not what the IRCA says.

Codified at 8 USC §1101 et seq, the law in relevant part “Makes it an unfair immigration-related employment practice for an employer of three or more persons to discriminate against any individual (other than an unauthorized alien) with respect to hiring, recruitment, firing, or referral for fee, because of such individual’s origin or citizenship (or intended citizenship) status [and] states that it is not an unfair immigration-related employment practice to hire a U.S. citizen or national over an equally qualified alien.” Nothing in the law suggests or says that it reaches “any benefit,” as you hint.

Can you explain?

[Bricker]

@Great_Antibob

Well, technically, that’s illegal. Financial renumeration for voting in federal elections is definitely against the law.

What law, specifically?

[Bricker]

Some states permit this. I found Maryland Election Law Section 10-315:

§ 10-315.
(a) Every employer in the State shall permit any employee who claims to be a registered voter in the State a period not to exceed 2 hours absence from work on election day in order to cast a ballot if the employee does not have 2 hours of continuous off-duty during the time that the polls are open.

  (b)      The employer shall pay the employee for the 2 hours absence from work.

  (c)      (1)      Each employee shall furnish to the employer proof that the employee has voted or attempted to vote.

        (2)      The proof that an employee has voted or attempted to vote shall be on a form prescribed by the State Board.

This code section seems to permit an employer to condition the payment for missed hours on voting (or attempting to vote).

Hawaii §11-95 says in part:

Any voter shall on the day of the election be entitled to be absent from any service or employment in which such voter is then engaged or employed for a period of not more than two hours (excluding any lunch or rest periods) between the time of opening and closing the polls to allow two consecutive hours in which to vote. Such voter shall not because of such absence be liable to any penalty. . . . Presentation of a voter’s receipt by an employee to the employer shall constitute proof of voting by the employee.

I suspect there are other states with similar rules.

For all I know, other states forbid asking for proof, but I cannot find a specific statutory provision that does this. Perhaps Great Antibob can help.

[Baker]

@jtur88

A few years ago, Starbucks offered a free coffee to anyone who voted. Is that legal?

I didn’t vote, but I accepted the coffee anyway. Is that moral?

It’s the only time I ever had a Starbuck’s coffee. Is that cool?

1. I don’t know

2. No

3. No

[k9bfriender]

@actualliberalnotoneofthose

Give a paid day off and mind your own business about the voting. Some people consider not voting patriotic act.

This whole thing started when I found that 5 of my employees were all requesting the day off, because they wanted to make sure they got a chance to vote, and to make sure that their friends got out to vote. With that many off, it would be difficult to stay open, not impossible, but it would mean a 16 hour day for me, and I would not get a chance to vote myself.

So I figured that it would be easiest to just be closed for the day. Now, usually if I am closed for a holiday, we are really busy around that day, so it is easy for people to still get their hours, and they are happy to get the day off. In this case, that week is nothing particular special, so it would be likely that most of my employees would not be able to make up their hours and have a short paycheck.

This is where I decided that it would be a good gesture for me to pay them for the day off. Now, being closed, and paying them for the day, wipes out the majority of a month’s profit for me, this comes out of my own pocket. Not that I begrudge this at all, but I would like to see them spend their time productively, if at all possible.

I actually would not have even thought it to be legal before, but I recently discovered in this thread,it would actually be legal to fire an employee for not being patriotic enough. For not saying the pledge or not standing for the national anthem, so I was curious as to whether or not such non-protections extend to voting as well. So, I am curious as to whether or not such a practice would be legal. It seems the jury is still out there, but I think it is leaning toward it being legal. The only thing I could find about Ohio’s laws about it says that I can’t fire or threaten to fire an employee for taking a reasonable time to vote. Bricker seems to be on the side that it is probably legal, and while I have had some disagreements with him on more philosophical or ethical things, when it comes to what the law says, I generally have quite a bit of respect for his opinion.

As far as ethical, well, that’s part of the reason that I asked. I am not sure how I feel about it. On the one hand, it’s my money, and I can decide not to pay them at all for the day off. I usually only pay them when they come in and do the work that I ask them to do, so why should I not be able to stipulate what kinds of activities that they should participate in (that are legal) in order to get my money. On the other hand, I am in a way, withholding money from people for not voting, and that strikes me as a bit questionable, but I’m not sure it is wrong.