Relating to the creation of a cause of action for an employee prohibited from or penalized for voting.
Impact
If passed, HB 881 would amend the Election Code to provide clearer protections for workers regarding their voting rights. It would introduce penalties for employers who violate these provisions, classified as a Class C misdemeanor. In addition, employees who successfully bring suit against their employers for these violations may be awarded compensatory and punitive damages, as well as attorney fees. This change signifies a step towards enhancing democratic participation by ensuring that employees are not deterred from voting due to potential job-related repercussions.
Summary
House Bill 881 seeks to protect employees from employer retaliation for voting. The bill amends existing legislation to create a cause of action for employees who are prohibited from taking time off to vote or who face penalties for voting on election day. It specifies that an employer cannot refuse to allow an employee to be absent from work for the purpose of voting, and establishes penalties for such violations. By providing a legal route for employees to report and seek damages for violations, the bill aims to ensure employees' rights to participate in elections without fear of losing their jobs or pay.
Sentiment
The sentiment surrounding HB 881 appears supportive among advocates who emphasize the importance of voting as a civic duty and fundamental right. Supporters argue that the measure is necessary to safeguard against workplace practices that could dissuade employees from exercising their voting rights. However, there might also be concerns from employer associations regarding potential abuse of the legislation, worrying that it could lead to frivolous lawsuits or complications in managing employee attendance on election days.
Contention
A notable point of contention relates to the balance between protecting employee rights and maintaining employer flexibility in workplace management. Critics may argue that the bill imposes undue restrictions on businesses, particularly smaller employers who may struggle with staffing challenges on election days. The thresholds for damages based on employer size may also spark discussions about fairness and the potential burden on businesses of various scales.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.
Relating to the state's continuing duty to disclose exculpatory, impeachment, or mitigating evidence in a criminal case and prohibited retaliation against local assistant prosecutors for discharging that duty.
Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.
Relating to the creation of the criminal offense of improper entry from a foreign nation and indemnification of certain claims relating to the enforcement of that offense.