Compliance Confidence
2024 State Ballot Question Results: Which Ones Passed, and How Will They Affect Employers?
2024 State Ballot Question Results: Which Ones Passed, and How Will They Affect Employers?
This year’s election featured dozens of ballot questions in states across the country which, if passed, could impact employers. Read the roundup below to see which ones voters actually approved.
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. The results of some ballot questions are legally binding, while others are advisory in nature. For information on all employer-relevant questions that were put before voters on November 5, 2024, check out this post.
Below, we summarize the questions which were actually passed by voters, discuss whether and how they will take effect, and cover action items that employers should take as aresult of these developments::
Employer-Related Ballot Questions that Passed in 2024
Alaska
Minimum Wage Increase
Alaska voters approved Ballot Measure No. 1 which contained three benefits and protections for Alaska workers. The first increased the minimum wage to $13.00 per hour effective July 1, 2025, $14.00 per hour effective July 1, 2026, and $15.00 per hour effective July 1, 2027. Each year thereafter, the minimum wage will be adjusted for inflation and must be at least $2.00 more per hour than federal minimum wage. Tips and gifts do not count toward minimum wage.
Paid Sick Leave
Ballot Measure No. 1 also contained paid sick leave. Effective July 1, 2025, the law applies to all Alaska employers with differences in accrual based on the size of the employer. Employers with 15 or more employees must provide one hour of earned paid sick time for every 30 hours worked, but usage can be capped at 56 hours per year. Employers with fewer than 15 employees must provide one hour of earned paid sick time for every 30 hours worked, but usage can be capped at 40 hours per year. Paid sick leave can be used for the employee’s own mental physical illness, injury or health condition, care of a family member, or for absences necessary due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee to obtain care of services for the employee or a family member.
Captive Audience Ban
Also included in Ballot Measure No. 1, effective July 1, 2025, employers cannot take or threaten to take adverse employment action against an employee for their refusal to:
- attend an employer-sponsored meeting, the primary purpose of which is to communicate the employer’s opinion about religious matters or political matters; or
- listen to communications, the primary purpose of which is to communicate the employer’s opinion about religious matters or political matters.
Arizona
State-Level Abortion Access
Proposition 139 amended the Arizona state constitution and takes immediate effect. This measure established a fundamental right for pregnant women in Arizona to access abortion procedures from medical providers prior to the point of fetal viability. Fetal viability is defined as a significant chance for the fetus to survive outside the uterus without the application of extraordinary medical measures. The law also provides for abortion after fetal viability if done to protect the life, physical, or mental health of the individual in the judgment of a health care professional. Finally, laws penalizing individuals for aiding or assisting a person in getting an abortion are prohibited.
California
At the time of writing, the results of propositions 32 (on increasing the minimum wage) and 34 (on requiring health care providers to spend federal prescription drug funds on direct patient care) are both very close and have not yet been called.
Colorado
State-Level Abortion Access
Amendment 79 amended the Colorado state constitution and takes immediate effect. This measure established a fundamental right for pregnant women in Colorado to access abortion procedures from medical providers at any point during pregnancy. This measure also repealed a previous state-level prohibition on the use of public funds for abortion procedures. This repeal also takes effect immediately.
Illinois
Insurance Coverage of Fertility Treatments
The Assisted Reproductive Healthcare Advisory Question was nonbinding and designed to give Illinois legislators a clear gauge of public opinion on whether the state should mandate that IVF and other medically assisted reproductive treatments be covered under all Illinois health insurance plans. The question passed by a roughly 3:1 margin. For additional end-of-year legislative updates from the Prarie State, check out this blog post.
Maryland
State-Level Abortion Access
>Question 1 amended the Maryland state constitution and takes immediate effect. This measure established a fundamental right for pregnant women in Maryland to access abortion procedures from medical providers at any point during pregnancy.
Massachusetts
Unionization of Ride Share Drivers
Massachusetts voters approved Ballot Question 3 which allows ride-hailing drivers, for companies like Uber and Lyft, to form unions to collectively bargain for wages, benefits, and work conditions. There are a number of prohibited unfair work practices for transportation network companies (TNC) which hire these drivers. TNCs do have the right form multi-company associations to represent them while bargaining with a transportation network driver organization to create negotiated recommendations, which shall form the basis for industry regulations. The ballot measure is expected to go into effect as of December 5, 2024.
Missouri
Minimum Wage Increase
Voters approved Proposition A amending Missouri law to increase the minimum wage to $13.75 per hour effective January 1, 2025. Effective January 1, 2026, the minimum wage increases to $15.00 per hour. Proposition A also includes increases each subsequent year effective January 1 adjusted based on changes to the cost of living as reflected in the Consumer Price Index for Urban Wage Earners and Clerical Workers which is published by the U.S. Department of Labor. If the federal minimum wage ever exceeds Missouri minimum wage, then Missouri’s minimum wage will mirror the federal rate.
Paid Sick Leave
Proposition A also mandates employers to provide paid sick leave. Effective May 1, 2025, Missouri employers with 15 or more employees must provide one hour of earned paid sick time for every 30 hours worked, but usage can be capped at 56 hours per year. Employers with fewer than 15 employees must provide one hour of earned paid sick time for every 30 hours worked, but usage can be capped at 40 hours per year. Paid sick leave can be used for the employee’s own mental physical illness, injury or health condition, care of a family member, public health emergencies, or for absences necessary due to domestic violence, sexual assault, or stalking, provided the leave is to allow the employee to obtain care of services for the employee or a family member.
State-Level Abortion Access
Amendment 3 amended the Missouri state constitution and takes immediate effect. This measure establishes reproductive freedom as a fundamental right. Reproductive freedom is defined as “the right to make and carry out decisions about all matters relating to reproductive health care, including but not limited to prenatal care, childbirth, postpartum care, birth control, abortion care, miscarriage care, and respectful birthing conditions.” The state legislature may enact laws that regulate abortion after fetal viability so long as there is an exception to protect the life or physical or mental health of the pregnant person.
Montana
State-Level Abortion Access
CI-128 amended the Montana state constitution and takes immediate effect. This measure established a fundamental right for pregnant women in Montana to access abortion procedures from medical providers prior to the point of fetal viability and, in situations where continuation of the pregnancy threatens the patient’s life or health, past the point of fetal viability.
Nebraska
Paid Sick Leave
Nebraska voters approved Initiative 436 which requires employers to provide earned paid sick leave for their employees. Effective October 1, 2025, Nebraska employers must provide their employees with paid sick leave at a rate of one hour for every 30 hours worked. The law applies to all Nebraska individuals, partnerships, limited liability companies, associations, corporations, business trusts, legal representatives, or organized groups of persons who employ one or more employees. Employees are eligible if they work in the state for more than 80 hours in a calendar year. Paid sick leave can be used for the employee’s own mental physical illness, injury or health condition, care of a family member, and public health emergencies.
Medicinal Cannabis Use
Nebraska voters approved Initiative 437 allowing the use, possession, and acquisition of limited quantities of cannabis for medical purposes by a qualified patient with a written recommendation from a health care practitioner, and for a caregiver to assist a qualified patient in these activities. The law does not require employers to accommodate medical cannabis use by employees. The election results will be certified on December 2, 2024. The governor has 10 days thereafter to proclaim the election results, which action will cause the Initiative to go into effect.
New York
Equal Protection Amendment to State Constitution
New York voters approved Proposition 1 which expands New Yorkers’ state constitutional civil rights and increased protections against discrimination. The amendment goes into effect January 1, 2025. The amendment adds ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy as protected from discrimination by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.
Nevada
State-Level Abortion Access
Question 6 amended the Nevada state constitution and takes immediate effect. This measure established a fundamental right for pregnant women in Nevada to access abortion procedures from medical providers prior to the point of fetal viability and, in situations where continuation of the pregnancy threatens the patient’s life or health, past the point of fetal viability.
Oregon
Cannabis Business Signed Labor Peace Agreement
Oregon voters approved Measure 119 which requires cannabis businesses to submit to the Oregon Liquor and Cannabis Commission (OLCC) a signed labor peace agreement. The law goes into effect 30 days after the election which is December 5, 2024. A labor peace agreement means an agreement under which, at a minimum, an applicant or licensee agrees to remain neutral with respect to a bona fide labor organization’s representatives communicating with the employees of the applicant or the licensee about the rights afforded to such employees. If the business fails to submit or comply with the labor peace agreement, the OLCC can deny the application for licensure or renewal.
Action Items for Employers