A worker at Amazon's Kenosha warehouse said employees were not being guaranteed time off to vote on Election Day.

The complaint triggered a Monday, Nov. 2, press conference outside the facility. Milwaukee County Executive David Crowley, the Democratic candidate for governor, and Mitchell Berman, the Democratic candidate for Wisconsin's 1st Congressional District, spoke at the event, first reported by Wisconsin Public Radio. Amazon called the claims about its policy "inaccurate."

What the worker alleged

State Rep. Angelina Cruz, D-Racine, said a warehouse worker approached her with a concern, according to WPR. The worker said employees had been told that if their shift ended early enough to leave three hours before polls closed, they would not be offered time away to vote.

Wisconsin law requires all employers to give workers up to three consecutive hours off to vote on Election Day. The time can be unpaid, but the right is protected under Wisconsin Statute Section 6.76.

In response to Cruz's inquiry, the Wisconsin Elections Commission issued a formal advisory opinion on the matter in September. The commission concluded that "a policy that does not permit an employee to take unpaid time off for voting during their work hours is inconsistent" with state law.

Employers can choose the window when workers go vote, the opinion states. But they "cannot decide to make an employee instead vote during non-work hours."

Amazon's response

An Amazon spokesperson described the time-off claims as "inaccurate" in a statement to WPR. The spokesperson said the company complies with legal requirements for voting time off in the places where it operates, including Wisconsin.

The spokesperson also told WPR that information about voting time off was shared with Amazon sites around the country beginning in late October. That included direct push notifications to workers.

At the press conference, Crowley and other officials said Amazon's policy at that point reflected the legal right to time off. The accounts conflict: Democrats described the situation as Amazon backing down, while the company maintained its existing policy already complied.

What the law says

Under Section 6.76, any eligible voter is entitled to be absent from work for up to three successive hours while polls are open. Workers must notify their employer before Election Day. Employers may designate the time of day for the absence.

The only penalty an employer can impose is a pay deduction for the time missed. The law applies to all employers, including the state and all political subdivisions, according to the statute.

The Elections Commission's opinion addressed a specific scenario: an employee working 8 a.m. to 4 p.m. Under a policy like the one described in the complaint, that worker would get no time off because more than three hours remain before polls close at 8 p.m. The commission called that scenario "directly at odds" with the statute.

Bryna Godar, a staff attorney with the State Democracy Research Initiative at the University of Wisconsin Law School, told WPR that the requirement for employees to "state the need" for voting time applies only to state employees, not private-sector workers.

What comes next

U.S. Rep. Mark Pocan said at the press conference that he was in contact with Amazon representatives to ensure the company informed all workers of their rights in writing.