Delaware Jury Duty/ Court Appearance laws & HR compliance analysis

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

Jury duty. An employer may not threaten or otherwise coerce or discharge an employee who has been called for prospective jury service or who serves as a juror. Any employer that violates this section is guilty of criminal contempt and may be fined, imprisoned for 6 months, or both.
An employer that discharges an employee because of jury service may be liable for lost wages and reasonable attorney's fees and may be ordered to reinstate the employee (DE Code Tit. 10 Sec. 4515).
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Court appearance. An employer may not discharge or discipline a victim or a representative of the victim for participation at the prosecutor's request in preparation for a criminal justice proceeding, attendance at a criminal justice proceeding if the attendance is reasonably necessary to protect the interests of the victim, or attendance at a criminal justice proceeding in response to a subpoena (DE Code Tit. 11 Sec. 9409).
Under Delaware law, jurors are to receive per diem reimbursements from the court for travel, parking, and other out-of-pocket expenses. Employers may not consider these reimbursements to be pay (DE Code Tit. 10 Sec. 4514).
Delaware law does not require employers to pay employees for absences due to jury duty or court appearance. Although not required to do so, many employers do pay all employees called to jury duty or court appearances, regardless of exempt or nonexempt status.
The prevailing attitude among employers is that an employee summoned to serve on a jury or to testify has a civic obligation to do so and that it is the company's responsibility to support the fulfillment of that obligation. This is achieved by protecting the employee from loss of income and by making the necessary arrangements to ...

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