Ballot questions are an exercise of direct democracy giving voters the ability to weigh in on almost any topic. Below, we’ve compiled a state-by-state list of the 2024 ballot questions that are most relevant to employers.

The Presidency isn’t the only thing on the ballot this year. In addition to deciding the highest office in the land and electing new members to the House and Senate, voters across the country will have the ability to vote on various state and local ballot questions.

Ballot questions (also known as measures, referendums, initiatives, propositions, and amendments) are typically framed in a “Yes” vs. “No” format and can be about almost any issue that garners enough public interest. Ballot questions are designed to allow the electorate to directly involve itself in the legislative process by publicly endorsing a position on important issues. Though ballot questions are not usually legally binding, state legislatures will typically decide to respect the will of the voters by making legislation in accordance with ballot question results.

In 2024, dozens of states have approved more than 100 ballot questions for voters to consider. In some instances, multiple states have ballot questions that are nearly identical in nature. Three of the most common employer-related subjects are briefly analyzed here:

Changes to Drug Laws

All 2024 ballot questions relating to drug laws involve state-level efforts to legalize substances that are prohibited at the federal level. If legalization efforts are successful, government contractors who drug test employees due to federal regulations will still be required to abide by the same requirements as before. However private-sector employers, who are not subject to federal drug testing requirements, are free to reassess their drug testing regime in light of changes to state-level laws.

Minimum Wage Adjustments

State-level adjustments to the standard minimum wage and tipped minimum wage will mandate compensation increases to any qualified employee who is being paid less than the specified amount at the effective date of increase. Most of the proposed 2024 increases are gradual in nature and are occurring in states that have enacted other minimum wage increases in recent years. Employers in these states should be cognizant of any municipal or industry-specific minimum wage laws that supersede the state-level minimum wage.

Reproductive Health Laws

All but one of the reproductive health questions detailed below involve the proposed creation of state-level abortion rights (although the conditions under which abortions would be permissible vary between the different states). There is still a certain degree of legal confusion in the aftermath of the Supreme Court’s 2022 repeal of Roe v. Wade, which effectively gave state governments the power to regulate abortion access. Employers who sponsor health benefits in states that prohibit abortion could conceivably run afoul of state law if an employee covered by their benefit plan travels to another state to obtain an abortion. Employers are encouraged to seek legal counsel if they believe that a state-level change in the legal status of abortion could impact their organization.

2024 Ballot Questions Relevant to Employers

Alaska

Minimum Wage and Paid Leave

Ballot Measure No. 1: A “yes” vote supports increasing the minimum wage from the current level of $11.73/hour to $15/hour by 2027. It would also set new standards for the amount of paid sick leave that employees can accrue per year and prohibit retaliation against employees who refuse to attend work meetings that involve religious or political matters.

Arizona

Tipped Minimum Wage

Proposition 138: A “yes” vote supports permitting tipped workers to be paid 25% less than the minimum wage if the tips received by said employees are greater than or equal to the minimum wage plus $2/hour.

California

Healthcare

Proposition 34: A “yes” vote supports categorizing certain healthcare providers as “prescription drug price manipulators.” Entities categorized as such within the pharmaceutical industry would be required to spend at least 98% of revenue from federal drug discount programs on patient care and meet other requirements in order to maintain their tax-exempt status.

Minimum Wage

Proposition 32: A “yes” vote supports increasing the state’s minimum wage from $16/hour to $18/hour.

Colorado

Reproductive Health

Colorado Right to Abortion and Health Insurance Coverage Initiative: A “yes” vote supports creating a state-level constitutional right to abortion and repealing prohibitions on using public funds for abortion procedures.

Florida

Drug Laws

Amendment 3: A “yes” vote supports legalizing recreational marijuana use for all adults above the age of 21.

Reproductive Health

Amendment 4: A “yes” vote supports creating a state-level constitutional right to abortion under certain circumstances.

Illinois

Reproductive Health

Assisted Reproductive Healthcare Advisory Question: A “yes” vote would advise the state legislature to require that most Illinois health insurance plans cover IVF treatments.

Maryland

Reproductive Health

Right to Reproductive Freedom Amendment: A “yes” vote would support amending the state constitution to establish a right to reproductive freedom, including the right to obtain an abortion.

Massachusetts

Drug Laws

Question 4: A “yes” vote would support the limited legalization of the following plant-based psychedelic substances in the state: Dimethyltryptamine, Mescaline, Ibogaine, Psilocybin, and Psilocyn.

Minimum Wage

Question 5: A “yes” vote would support increasing the tipped minimum wage (currently $6.75/hour) until it matches the un-tipped minimum wage (currently $15/hour) by 2029.

Nevada

Reproductive Health

Right to Abortion Initiative: A “yes” vote supports creating a state-level constitutional right to abortion under certain circumstances.

New York

Equal Protections & Reproductive Health

Equal Protection of Law Amendment: A “yes” vote would support antidiscrimination legislation that prohibits discrimination based on "ethnicity, national origin, age, and disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy."

Oregon

Corporate Taxes

Measure 118: A “yes” vote supports increasing the corporate tax minimum, removing the maximum, and distributing additional revenue resulting from these changes to eligible Oregon residents.

Labor Relations

Measure 119: A “yes” vote supports legislation requiring cannabis employers to submit signed documentation attesting that business management will remain neutral if labor organizations communicate to their employees about their collective bargaining rights.

South Dakota

Reproductive Health

Constitutional Amendment G: A “yes” vote supports creating a state-level constitutional right to abortion under certain circumstances.

Drug Laws

Initiated Measure 29: A “yes” vote supports legalizing recreational marijuana use for all adults above the age of 21.

Washington

Environmental Regulation

Initiative 2117: A “yes” vote would support repealing “cap and trade” legislation passed by the state in 2021. This legislation requires businesses with emissions over a certain threshold to purchase credits from corporations with lower emissions.

Healthcare & Taxes

Initiative 2124: A “yes” vote would support allowing employees and self-employed individuals to opt out of participating in the state’s WA Cares program, which is funded by payroll taxes.

For more election-related guidance, check out this blog post on how employers should handle political discussions in the workplace.