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North Carolina Jury Duty/ Court Appearance: What you need to know

Jury duty. An employer may not discharge or demote an employee because the employee has been called for or is serving as a juror. An employer that violates the law may be ordered to reinstate the employee and pay damages (NC Gen. Stat. Sec. 9-32). All employers are covered.
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Witness service. No statute exists, but discharging employees for appearing as witnesses could implicate an employer in wrongful discharge in violation of public policy theory.
Jurors receive payment for their service, with the per diem rate depending on how many days they have served.
Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances. Although not required to do so, many private employers pay all employees called to jury duty or court appearances regardless of exempt or nonexempt status (see Federal Law Considerations for Exempt Employees in this section for more information). Some courts pay jurors a small fee, and the private employer may offset any amounts received by an employee for a particular week against the salary due for that particular week.
Public employers. State employees, whether they are full-time, part-time, permanent, or probationary, are entitled to leave with pay and regular compensation, plus fees received for jury duty. Employers may not require second-shift employees to report to work on the same day they reported for jury duty. Employers may not require third-shift employees to work the night before a day in which they must report for jury duty (25 NCAC 1E.1001).
State employees are also entitled to leave with pay when subpoenaed or directed by proper authority to appear as a witness. Any fees received shall be turned in ...

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At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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