With the General Election on November 8, 2016 quickly approaching, employers are reminded of Hawaii's voting law giving employees time off to vote.  See Haw. Rev. Stat. § 11-95.  Employees are not entitled to an entire day off to vote.  They are, however, entitled to up to two (2) consecutive hours in which to vote if they do not have two consecutive hours to vote (excluding lunch and rest periods).  The polls will be open from 7:00 a.m. to 6:00 p.m.

 

For instance, if an employee is normally scheduled to work from 9:00 a.m. to 6:00 p.m., the employee has two consecutive hours to vote prior to the normally scheduled shift and thus is not eligible for additional voting time off from the employer.

 

However, if an employee is normally scheduled to work from 8:00 a.m. to 5:00 p.m., the employer must give an additional hour of voting time off so the employee has two consecutive hours to vote.  The employer could allow the employee to start work at 9:00 a.m. so the employee can vote from 7:00 a.m. to 9:00 a.m.  Alternatively, the employer could permit the employee to end work at 4:00 p.m. so the employee can vote from 4:00 p.m. to 6:00 p.m.

 

Voters are prohibited from being subject to any penalty, rescheduling of normal hours, or deductions from salary or wages because they took time off to vote.  Employers may require employees to present a voter's receipt as proof that the employee voted.

 

The penalty for noncompliance is a fine of $50-$300.