California Jury Duty/ Court Appearance laws & HR compliance analysis

California Jury Duty/ Court Appearance: What you need to know

Jury duty. An employer may not discharge or otherwise penalize an employee who is called to serve as a juror provided the employee gives the employer reasonable notice before taking time off (CA Lab. Code Sec. 230).
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Court appearance. An employer may not discharge or otherwise penalize an employee who is a victim of a felony; whose spouse, registered domestic partner, child, stepchild, sibling, stepsibling, parent, or stepparent is a victim of a felony; or who takes time off to appear in court in response to a subpoena or other court order as a witness in any judicial proceeding. (CA Lab. Code Sec. 230).
Also, an employer many not discharge or otherwise penalize an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off to obtain relief, including a restraining order or other injunctive relief, to help ensure the health, safety, or welfare of the victim or of his or her child.
Verification. An employer may, however, ask for verification of the summons to jury duty, subpoena, notice of proceedings, court order, or other evidence from the court or prosecuting attorney that the employee appeared in court.
Confidentiality. Employers must maintain the confidentiality of any employee requesting such leave.
Compensation. Citizens serving jury duty are paid a per diem rate after the first day and mileage. Some courts will reimburse the cost of public transit. If an employer does compensate an employee for jury service, the juror's fees should be refunded by the employee to the employer, because courts do not reimburse employers.
Nonexempt employees. California does not require employers to pay nonexempt employees for time away from work for jury duty or court appearance. ...

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