Florida Jury Duty/ Court Appearance laws & HR compliance analysis

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

Jury duty. An employer is prohibited from discharging or threatening to discharge any employee because of the length or nature of the employee's service on a grand or petit jury in the state of Florida. Violators may be found in contempt of court. In addition, any violation of this prohibition entitles the employee to sue the employer for compensatory and punitive damages and attorney's fees (FL Stat. Sec. 40.271).
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Court appearance. An employee who is subpoenaed to testify in a judicial proceeding may not be discharged from employment because he or she is absent from work to testify or because of the nature of the testimony. An employer that violates this provision may be ordered to pay attorney's fees and damages, including punitive damages (FL Stat. Sec. 92.57).
Court appearance due to domestic violence or sexual violence. Employers of 50 or more employees must permit employees of 3 months' duration who are victims of domestic or sexual violence to take up to 3 days of leave in any 12-month period in order to attend and prepare for court-related proceedings arising from the violent act(s). Leave may be with or without pay at the discretion of the employer, and employees can be required to exhaust all other available leave, unless the employer waives this requirement. Employers may not discriminate or retaliate against an employee for exercising his or her rights (FL Stat. Sec. 741.313).
State law. Florida law does not require private employers to pay employees for time spent on jury or witness duty. 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.
Some courts pay jurors a small ...

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