Jury Duty/ Court Appearance laws & compensation compliance analysis

Jury Duty/ Court Appearance: What you need to know

Job protection. The federal Jury System Improvement Act of 1978 (28 USC 1875) prohibits employers from discharging or taking any other adverse employment action (threatening to discharge, intimidating, etc.) against permanent employees because they perform jury duty in federal court.
Employers that violate the Act may be sued for back pay, reinstatement, and attorneys' fees, and may also be fined.
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Most states have laws that offer similar protection to employees that perform jury duty in state courts.
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.
Appearing as a witness, defendant, ...

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Jury Duty/ Court Appearance Resources

Type Title
Checklists Jury Duty Checklist
Policies Jury Duty and/or Court Appearance Policy
See all Jury Duty/ Court Appearance Resources