I think Comcast is breaking the law...advice?

SkyHog

SkyHog

Touchdown! Greaser!
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Everything Offends Me
This time, it doesn't affect me! Yay. But the downside, is that it does affect my coworkers, and I don't like seeing them suffer.

Today is election day. My understanding is that the state of New Mexico requires that employers give time off to vote if the person works throughout the entire polling time.

Comcast has told these employees that they must take vacation time (of which no one has any left anymore) and without vacation time, they will not be allowed to leave to go vote.

Legal?
 
Here's what I can find, says "without penalty." I think that might be a "penalty."

1-12-42. Conduct of election; employees; time to vote. (2001)
A. On election day a voter may absent himself from employment in which he is engaged for two hours for the purpose of voting between the time of opening and the time of closing the polls. The voter shall not be liable to any penalty for such absence; however, the employer may specify the hours during this period in which the voter may be absent.
B. The provisions of Subsection A of this section do not apply to an employee whose work day begins more than two hours subsequent to the time of opening the polls, or ends more than three hours prior to the time of closing the polls.
C. The provisions of Subsection A of this section apply to elections of Indian nations, tribes or pueblos for a voter who is enrolled as a member of the Indian nation, tribe or pueblo and is qualified to vote in the election.
D. A person who refuses the right granted in this section to an employee is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
 
Nick:
I can't believe politicians wouldn't provide a method for employees to take off to elect them!
Who was the 60s group that sang, "We gotta get outta this place" if it's the last thing we ever do.
Maybe I'm not helping; I am well intended. You really do need outta there.

Best,

Dave
 
Not much of a fine there. They're probably willing to risk it. Or maybe they figure the employees are (D) and they back the (R) candidates.

I don't live in NM, but most states provide a requirement for folks to vote. I think it would only take a call to the appropriate party headquarters and say "I really WANT to vote, and vote for your candidates, but my employer won't let me off. Can you help?"

Then watch the phone calls fly...
 
As I understand it, and it may vary by state, just as with jury duty, your employer has to allow you to take the time off of work. They don't have to pay you for the time you don't work.

I think Comcast has to allow you to take unpaid time off to vote.
 
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Little late now, but does NM have an absentee ballot? I've voted that way for the last 20 years or so.

SkyHog said:
This time, it doesn't affect me! Yay. But the downside, is that it does affect my coworkers, and I don't like seeing them suffer.

Today is election day. My understanding is that the state of New Mexico requires that employers give time off to vote if the person works throughout the entire polling time.

Comcast has told these employees that they must take vacation time (of which no one has any left anymore) and without vacation time, they will not be allowed to leave to go vote.

Legal?
Click to expand...
 
I just got off the phone with the Republican National Headquarters, they suggested calling the Secretary of State. I'm doing that now.

FWIW - all but one of the people that cannot vote is a democrat, but it doesn't matter to me. This is wrong.
 
SkyHog said:
Here's what I can find, says "without penalty." I think that might be a "penalty."

1-12-42. Conduct of election; employees; time to vote. (2001)
A. On election day a voter may absent himself from employment in which he is engaged for two hours for the purpose of voting between the time of opening and the time of closing the polls. The voter shall not be liable to any penalty for such absence; however, the employer may specify the hours during this period in which the voter may be absent.
B. The provisions of Subsection A of this section do not apply to an employee whose work day begins more than two hours subsequent to the time of opening the polls, or ends more than three hours prior to the time of closing the polls.
C. The provisions of Subsection A of this section apply to elections of Indian nations, tribes or pueblos for a voter who is enrolled as a member of the Indian nation, tribe or pueblo and is qualified to vote in the election.
D. A person who refuses the right granted in this section to an employee is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100).
Click to expand...

I *THINK* that is based on a federal law.
 
Just left a message with the Director of Elections (I think that was his title...Bruce something) and he'll be calling me back shortly.

Its only $50-$100. But press coverage could be a *****.
 
SkyHog said:
Comcast has told these employees that they must take vacation time (of which no one has any left anymore) and without vacation time, they will not be allowed to leave to go vote.
Click to expand...

I wish Comcast wasn't the only cable horse in this town, they just sound like a terrible company.
 
Bill Jennings said:
I wish Comcast wasn't the only cable horse in this town, they just sound like a terrible company.
Click to expand...
I left cable several years ago and went satellite. I have used both companies in that area.
 
Nick: Kudos to you for taking action to insure your coworker's right to vote, and shame on comcast.....
 
No reply yet, unfortunately. I'll bet he's pretty busy though.
 
SkyHog said:
No reply yet, unfortunately. I'll bet he's pretty busy though.
Click to expand...

There will be a lot of calls. I made one at the last election for electioneering. They did not get back to me to 5pm that night and I called at 7am. At 6pm they removed the signs from out front of the polling place. OOOh! that helps.
 
Just got a call back from the attorney. He is going to call the regional manager now, and inform them that this position is illegal, and that they must allow their employees to take the time necessary WITHOUT penalty, including this. Lets see what happens.
 
SkyHog said:
Just got a call back from the attorney. He is going to call the regional manager now, and inform them that this position is illegal, and that they must allow their employees to take the time necessary WITHOUT penalty, including this. Lets see what happens.
Click to expand...

Good for you Nick. Fighting da man and looking like your winning.
 
Well, final update, it looks like my efforts did no good. None of the people that were originally told they would not be able to go vote were told otherwise today. I never got another call from the state office before I went to sleep.

It sucks, but Comcast and their attendance policy wins again.
 
SkyHog said:
Well, final update, it looks like my efforts did no good. None of the people that were originally told they would not be able to go vote were told otherwise today. I never got another call from the state office before I went to sleep.

It sucks, but Comcast and their attendance policy wins again.
Click to expand...

If you have any documentation like a memo posted, make a copy. If not get a few of those people to sign a letter that says what happened.

Mail it to the person you talked to, and a copy to the local newspaper couldn't hurt. I'm sure he has more time between now and the next election than he had on election day.

Joe
 
SkyHog said:
Well, final update, it looks like my efforts did no good. None of the people that were originally told they would not be able to go vote were told otherwise today. I never got another call from the state office before I went to sleep.

It sucks, but Comcast and their attendance policy wins again.
Click to expand...
If the policy is illegal, how then did Comcast win? Oh, I know, the affected employees did not know the law and did not stand up for themselves. Sorry, Nick, but it sounds like your coworkers are jellyfish.

All employees do get an Employee's Handbook, right?
 
Areeda said:
Mail it to the person you talked to, and a copy to the local newspaper couldn't hurt. I'm sure he has more time between now and the next election than he had on election day.
Click to expand...

The media loves "investigative reporting" stories... add local tv stations and the networks to your email copy of the memo/policy.
 
Troy Whistman said:
The media loves "investigative reporting" stories... add local tv stations and the networks to your email copy of the memo/policy.
Click to expand...

Only if a democrat lost in his district. If the Dem won, the story would be buried.
 
I talked with a few of the employees that were not allowed to leave on election day, and the consensus was that they appreciated my effort, but when push comes to shove, they didn't want to stand up and ask about it.

My guess is Comcast changed the policy, but never told anyone. Should anyone have asked, they would have been allowed to go.
 
And yet people get offended when we use the term "sheeple".
 
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