Nonexempt employees. The federal Fair Labor Standards Act (FLSA) does not require employers to pay nonexempt salaried employees or hourly employees while on leave for jury service.
Although not required to do so, most employers pay employees while on jury duty.
Exempt employees. Exempt employees who are absent from work for part of a workweek to perform jury service should be paid their full salaries to preserve their exemption from federal overtime laws and regulations of the FLSA (29 CFR 541.118).
However, the FLSA does not require payment when the exempt employee is absent for 1 or more full weeks during which no work is performed.
An employer may deduct any jury duty fees that the employee receives from the court from the employee’s salary (29 CFR 541.602).
When jurors are paid. A handful of state laws require employers to pay employees while on jury duty, and federal courts pay jurors a small fee.
Many employers pay only the difference between the jury duty pay and the employee's basic wage or salary.
When paying the difference, it may be easiest to continue employees' regular paychecks and have them endorse their jury duty checks over to the company.