Tag: federal law

Summary: 

• Federal law doesn’t require employers to provide employees leave, compensation, or benefits for jury duty-related absences. It is up to states and employers to determine these rules. 

• There are 10 states (including the District of Columbia) that require employers to pay employees serving mandatory jury duty.

• 18 states prohibit employers from requiring employees to use paid vacation or any other personal leave due to jury duty obligations.

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While jury duty is legally required for those selected, most US citizens view it as not just a responsibility but also as an important civic function. According to Bar Prep Hero’s recent study, 60.2% believe jury duty should be mandatory for all citizens.

Some would rather avoid it if possible. Bar Prep Hero’s survey found that 9.2% admitted that they lied during jury selection in order to get out of jury duty. The biggest reason people want to avoid jury duty is that they see it as a financial inconvenience. 

When employees have to attend court for jury duty, they are unable to go to work for as long as the trial lasts. And even though employees are required by law to fulfill their jury duty if summoned, employers in a majority of states are not obligated to compensate them for working hours missed as a result of jury duty. 

Are you, as an employer, obligated to compensate or grant additional PTO to staff on jury leave? If you’re not sure, we’ve made a complete guide of jury duty laws by state to help you understand your legal obligations. 

How does jury duty work? 

Jury duty is not only a legal obligation but also an opportunity for American citizens to participate in their country’s judicial process firsthand. 

The jury selection process differs slightly depending on the jurisdiction, but it most commonly includes the following steps:

• Summoning potential jurors: Potential jurors are randomly selected from a pool of eligible individuals. This pool is usually compiled from voter registration lists, driver’s license records, or other sources, depending on the jurisdiction.
• Questionnaires: Potential jurors must complete questionnaires, answering basic questions about their occupation, educational background, and any potential biases or conflicts of interest. Diversity is an important factor when selecting juries. 
• Jury panel selection: A group of potential jurors is called to the courtroom, and they are seated in the jury box. The judge and attorneys question potential jurors to determine their suitability for the case. The purpose is to identify any biases, prejudices, or personal experiences that could impact their ability to be impartial.

The judge and attorneys then select the final jurors who will serve on the jury for the trial. Their duty is to follow the trial proceedings — to listen to the evidence presented, witness testimonies, and arguments from both sides. Their duty is complete once the jury deliberates together and reaches a verdict based on the evidence and instructions provided by the judge.

While the length of your jury duty depends on the complexity of the trial, the Commonwealth of Massachusetts claims that most people finish their jury duty in a matter of one to three days in that state. Once a person has served jury duty, they will not be required to do so again for at least another three years. 

What federal laws say about employer responsibilities regarding jury duty 

According to the Fair Labor Standards Act (FLSA), federal law doesn’t require employers to provide employees paid leave for jury duty or with compensation or benefits. 

However, state laws are a different matter. Some states require employers to pay an employee while they are serving jury duty. Many have laws protecting employees from being fired or penalized while serving jury duty. Several have laws requiring employers to allow employees to use their paid time off (PTO) if they wish to do so for jury service. 

Employers also have the ability to create their own jury duty policies for employees. For example, employers in states that don’t require them to compensate employees for jury duty could create their own policy that does offer compensation in order to stand out from competitors in terms of employee benefits. 

Jury duty laws by state

Many employees are not familiar with the laws regarding jury duty in their state. That’s why it’s important for human resources (HR) professionals to have a full understanding of their legal requirements regarding jury duty leave, as well as their company’s specific policies if any exist. 

A total of 10 states (including the District of Columbia) require employers to pay employees who are called to serve mandatory jury duty:

1. Alabama
2. Colorado
3. Connecticut
4. Florida (Broward County and Miami-Dade County) 
5. District of Columbia
6. Louisiana
7. Massachusetts 
8. Nebraska
9. New York
10. Tennessee 

There are also 18 states that explicitly prohibit employers from requiring employees to use any personal leave to fulfill their jury duty obligations.

1. Alabama
2. Arizona
3. Arkansas
4. Indiana
5. Louisiana
6. Maryland
7. Massachusetts
8. Mississippi 
9. Missouri
10. Nebraska
11. Nevada
12. New Mexico
13. New York
14. Ohio
15. Oklahoma
16. Oregon
17. Utah 
18. Virginia

Even though not every state mandates that employees be paid when serving jury duty, every state has laws against employers discharging or penalizing employers for serving jury duty — or threatening to do so. 

For quick reference, check this table to see if your state mandates employers to pay for employee jury duty absences and if employees are required by law to use personal time off for jury duty. 

State	Are employers mandated to pay for jury duty absences?	Are employers prohibited from requiring staff to use PTO for jury duty?
Alabama	Yes	Yes
Alaska	No	No
Arizona	No	Yes
Arkansas	No	Yes
California	No	No
Colorado	Yes – up to $50 per day of jury service for the first three days, unless a higher amount is agreed to between employer and employee	No
Connecticut	Yes – first five days of jury service	No
Delaware	No	No
D.C.	Yes for jury service carried out by full-time employees for five days or less, minus the fee received for jury service. Employers with less than 10 staff are not required to pay compensation for employees who serve as jurors.	No
Florida	Yes in certain counties. In Broward, employers must provide compensation to full-time employees for up to five days of jury service. In Miami-Dade, employees are entitled to pay when specific conditions are met.	No
Georgia	No	No
Hawaii	No	No
Idaho	No	No
Illinois	No	No
Indiana	No	Yes
Iowa	No	No
Kansas	No	No
Kentucky	No	No
Louisiana	Yes, but only up to a single day of service.	Yes
Maine	No	No
Maryland	No	Yes
Massachusetts	Yes, but only for the first three days of jury duty.	Yes
Michigan	No	No
Minnesota	No	No
Mississippi	No	Yes
Missouri	No	Yes
Montana	No	No
Nebraska	Yes, but their pay may be reduced by the fees paid by the court.	Yes
Nevada	No	Yes
New Hampshire	No	No
New Jersey	No	No
New Mexico	No	Yes
New York	Yes	Yes
North Carolina	No	No
North Dakota	No	No
Ohio	No	Yes
Oklahoma	No	Yes
Oregon	No	Yes
Pennsylvania	No	Yes
Rhode Island	No, unless required by contract or collective bargaining agreement.	No
South Carolina	No	No
South Dakota	No	No
Tennessee	Yes	No
Texas	No	No
Utah	No	Yes
Vermont	No	No
Virginia	No	Yes
Washington	No	No
West Virginia	No	No
Wisconsin	No	No
Wyoming	No	No

Here’s a more in-depth look at some states that have more specific jury duty laws:

Alabama

Alabama state law requires employers to grant paid leave for jury duty to full-time employees. To be eligible for paid leave, the employee must show their employer the jury summons on the next workday after receiving it. 

If a company has five or fewer full-time employees, only one employee can serve jury duty at a time. The court will automatically postpone or reschedule jury duty if a second employee is summoned during the same time. 

Colorado

Colorado laws require employers to pay employees up to $50 per day for the first three trial days of jury duty unless the employer has a policy in which they are obligated to pay more. This law includes not just full-time salaried employees but also part-time, temporary, and casual employees. 

Connecticut

Connecticut laws stipulate that employers must pay full-time employees regular wages for the first five days of jury service. The only way employers can be excused from paying is by submitting an application to the Chief Court Administrator with proof of sufficient financial hardship. 

Florida

There is no state law in Florida that requires employers to pay employees for jury duty. However, there are several county ordinances that do. In Broward County, employees must be paid a regular salary for up to five days of jury duty-related leave, provided that the employee gives a copy of the summons to their immediate supervisor at least five days before the first day of scheduled jury duty. 

In Miami-Dade County, employers must pay employees for jury service if: 

• The employee has a regularly scheduled workweek of at least 35 hours.
• The employee provides a copy of the summons at least five working days prior. 
• The employee is serving their jury duty in Miami-Dade County.
• The employer has 10 or more full-time employees.
• The employer has offices or does business in Miami-Dade County.

Georgia

Although Georgia law does not expressly require employers to provide paid leave for jury service, a 1989 Attorney General opinion addressed employer obligations under the state’s jury duty statute. The statute itself does not clearly state that private employers must provide paid jury duty leave.

Massachusetts

In Massachusetts, employers must pay employees at the regular rate for the first three days of jury duty. This includes part-time, temporary, and casual employees.

Nevada

In Nevada, employers are not required to pay any wages for time spent serving on a jury. However, they can’t require staff to work within eight hours of the time they’re supposed to serve. 

Also, on the day of jury duty, employees can’t be required to work between 5:00 p.m. and 3:00 a.m.

New York

According to New York State laws, employers with ten or more employees must pay the first $72 of the employee’s regular daily wages for the first three days of jury duty. 

Oregon

In Oregon, it’s common for employers to have internal policies that mandate regular pay for employees on jury duty; however, it is not legally required by the state. Employers are, however, prohibited from requiring staff to take personal leave for jury duty service. 

Tennessee

Tennessee laws mandate that employers who have five or more employees must pay for time spent serving jury duty as long as the employee has been with the company for at least six months. 

Create your own jury duty policies

All employers have the ability to create their own jury duty compensation policies regardless of what state laws mandate.

If you’re looking to develop your own employer policy, here are a few key areas to consider: 

• Legal obligations: Familiarize yourself with the state laws and regulations pertaining to jury duty. Understand the rights of employees and any legal obligations you have as an employer to accommodate them.
• Criteria to qualify: Establish a process to verify employee eligibility for jury duty. Typically, employees may be required to provide a copy of their jury duty summons or a letter from the court confirming their selection. 
• Leave policies: Outline the specific time-off policies for employees serving on jury duty very clearly. For example, if you give them paid days off, determine whether jury duty days count against their PTO total. 
• Compensation: Decide how you will handle compensation. Determine whether employees will continue to receive their regular salary or another fixed amount per day. 

Once created, focus on clearly communicating your policy to employees. Ensure they understand their rights and responsibilities related to jury duty and how the company will support them during their absence.

Consider expressing support and encouragement to employees who are serving on juries. Acknowledging the importance of their participation in the legal system will help foster a positive work environment that values civic engagement.

Manage jury duty absences easily with Workforce.com

Once you have developed your jury duty policy, it’s important to maintain accurate records of employees’ jury duty absences, leave taken, and any related compensation or benefits provided to help ensure compliance with legal requirements and facilitate fair treatment across the company.

Contact us today to learn how Workforce.com can help you easily comply with your state’s jury duty leave policies.

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