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Election Day Raffles Draw Losing Ticket

By Howard M. Bloom and Patrick L. Egan
  • July 7, 2001

Reversing many years of case law, the Labor Board has determined that all election day raffles constitute per se objectionable conduct and are a sufficient reason for the Labor Board to overturn an employer's election victory. Since a higher turnout on election day usually favors the employer, many have used raffles with prizes to encourage employees to come to work on the day of the election and vote. Now, and until such time as the Labor Board reverses its position, election day raffles are unlawful.

The decision was made by a 3-2 vote by the five-member Labor Board. While the decision may be reversed after changes in the composition of the Labor Board under the Bush Administration, for the time being, employers must use alternative methods to encourage employees to vote. So, make sure your employees know about the significance of the election and what may be at stake for them in the outcome.

©2001 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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