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

An employer may not threaten , discipline, demote, or fire an employee who has been summoned for jury service, who serves as a juror or attends court for prospective jury service, or who is summoned or required to testify as a witness.
An employer that violates this provision can be sued and ordered to pay up to 6 weeks of lost wages and reasonable attorney's fees and is guilty of a misdemeanor. If the employee was discharged, the employer may be ordered to reinstate the employee. (ND Cent. Code Sec. 27-09.1-17).
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Jurors receive a per diem rate that increases after the first day, as well as mileage reimbursement.
Private employers. North Dakota law does not require private employers to pay employees for absences due to jury duty or court appearance. Although not required to do so, many private employers do 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 further details). Some courts pay jurors a small fee, and the employer may offset any amounts received by an employee for a particular week against the salary due for that particular week.
State employers. Employees of the state and local governments are entitled to paid leave for jury duty, except that any fee received from the court may be deducted from the employee's pay (ND Admin. Code Sec. 4-07-16-02). State employees may take annual leave to perform jury duty; they may then retain any fee that is paid.
Employees must also be paid their regular compensation when called to appear as a witness on behalf of their employer. Any witness fee may be retained unless the employer reimburses the employee for mileage, meals, and ...

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  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
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  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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