North Dakota Jury Duty/ Court Appearance laws & HR compliance analysis

North Dakota Jury Duty/ Court Appearance: What you need to know

An employer may not threaten, discipline, demote, or fire an employee who has been summoned for jury service, who serves as a juror or attends court for prospective jury service, or who is summoned or required to testify as a witness.
An employer that violates this provision can be sued and ordered to pay lost wages and reasonable attorneys' fees and is guilty of a misdemeanor. If the employee was discharged, the employer may be ordered to reinstate the employee (ND Cent. Code Sec. 27-09.1-17).
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Private employers. State law does not require private employers to pay employees for absences caused by jury duty or court appearances.
State employers. Employees of the state and local governments are entitled to paid leave for jury duty, except that any fee received from the court may be deducted from the employees' pay (ND Admin. Code Sec. 4-07-16-02).
State employees may take annual leave to perform jury duty; they may then retain any fee that is paid.
Employees must also be paid their regular compensation when called to appear as witnesses on behalf of their employer. Any witness fee may be retained unless the employer reimburses the employees for mileage, meals, and lodging (ND Admin. Code Sec. 4-07-16-03).
State employees who perform witness duties unrelated to their jobs must do so on personal leave and without pay.
Best practices. Regardless of state law requirements, most employers do pay all employees called to jury duty or court appearances.
The prevailing attitude among employers is that an employee summoned to serve on a jury or to testify has a civic obligation and that it is the company's responsibility to support the fulfillment of that obligation. This is achieved by protecting the employee ...

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