Next week, Americans will head to the polls to elect their 45th President. Across the nation, voters will also fill 469 congressional seats, including 435 in the House and 34 in the Senate. While these federal races tend to occupy much of the coverage and discussion as November 8 approaches, issues closer to home should not be overlooked. Voters in 12 states will select governors, and many ballots will feature proposed constitutional amendments or local initiatives. As the saying goes, "all politics is local," and down-ballot decisions made this year will affect employers from coast to coast.
In preparation for the election, we briefly survey some of the labor and employment initiatives pending at the state and municipal levels.1 Based on our review, voters will be asked to decide proposals on two issues in particular: marijuana restrictions and the minimum wage.
Marijuana
Voters in Arizona, California, Maine, Massachusetts, and Nevada will consider whether to legalize marijuana for recreational purposes. The Arizona initiative (Proposition 205), for example, would permit adults, aged 21 and over, to possess and use no more than one ounce of marijuana and to grow up to six plants. The measure would also establish a state regulatory department, a 15% tax on retail marijuana sales, and fines for smoking in a public place or under age. The California proposal (Proposition 64) is very similar, and would tax not only sales but also cultivation.2
Meanwhile, the availability of medical marijuana is on the ballot in Arkansas, Florida, Montana, and North Dakota. Arkansas voters were set to consider both a state constitutional amendment to legalize physician-certified medical marijuana (Issue 6), and a proposed act (Issue 7). However, on October 27, a divided Arkansas Supreme Court disqualified Issue 7 from appearing on the ballot on the ground that its supporters failed to gather enough signatures. The decision took effect immediately. Issue 6 will remain on the ballot.3
The proposals in Florida and North Dakota would legalize medical marijuana for use in the treatment of certain specified diseases, with some leeway for physicians to prescribe usage for other conditions (Florida) or for the state to add qualifying medical conditions for coverage (North Dakota). Medical marijuana is already legal in Montana, with limitations added by the state legislature in 2011. The ballot initiative there (I-182) asks voters to repeal some of the 2011 revisions and expand the availability of medical marijuana.4
Minimum Wage and Paid Sick Leave
Beyond the legality of marijuana, the other leading issue up for vote this year is the local minimum wage. The federal minimum wage is currently $7.25 per hour, but most states or municipalities have enacted a higher rate. Voters in at least four jurisdictions, including Arizona, Colorado, Maine, and Washington, will decide whether to adopt minimum wage increases. Wage measures are also pending in several cities, such as Flagstaff, Arizona and Berkeley, California. And companion initiatives in Arizona, Washington, and Berkeley propose paid sick-leave laws, a hot-button election issue this year given the U.S. Department of Labor's "Lead on Leave" campaign and the growing number of cities heeding its call.5
Right-to-Work and Other Employment-Related Ballot Initiatives
While not as common as the above-noted issues, "right-to-work" constitutional amendments are also pending in two states this year. Although they vary, right-to-work laws generally prevent collective bargaining agreements from requiring a person to join a union as a condition of employment. Such laws are already on the books in roughly half of the states, and the debate continues as Alabama and Virginia weigh constitutional amendments.
While two southern states revisit their constitutions, voters in two large Pacific cities continue to prove that municipalities are today's laboratories of democracy—at least in matters of the workplace. In San Jose, California, residents will decide whether to require employers to offer current part-time employees additional hours before hiring new staff, including subcontractors or temporary workers. And in Seattle, voters will consider whether to increase hotel-worker protections against violent assault and sexual harassment, injuries, high healthcare costs, and industry disruptions.6
The chart below summarizes some of the key employment-related ballot initiatives that await their fate on November 8, including a few not mentioned earlier. Employers in these jurisdictions should stay abreast of developments on these issues, along with all of the other exciting results on Election Day.
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