JSIA South Dakota
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Does JSIA apply to all employers in South Dakota?
The Jury Systems Improvement Act does apply to all employers in the state of South Dakota, just as it applies to all employers in states across the country. The Act is a federal Act that is in place in order to ensure that employers do not discriminate against employees that have been called to serve on a jury.
It is important that employees notify the employer immediately once they receive a jury duty notification. The employee can provide proof of the upcoming jury duty service by showing the employer a copy of the original jury duty summons.
The employer should not discriminate against the employee for serving on the jury at any time, before, during, or after the service. Also, the employer should not terminate an employee that has served on a jury.
If an employer is found to be guilty of discriminating against an employee for serving on a jury, then the employer may have to pay up to $1,000 per employee, per instance. Also, if the employer is found to be guilty of terminating an employee for reasons that are related to his or her jury duty service, then the employer could have to pay the employee for lost wages and benefits to the employee.
Employees may sometimes postpone jury duty service if they have a reason to do so, such as a planned vacation or an illness. However, these reasons must have nothing to do with coercion to do so from the employer.
Employees should also continue to receive benefits, such as health care, while they serve on the jury. When they return to work at the end of the period of jury duty service, the employees should be able to have the same jobs or an equivalent job as the ones they left as well as the same salary and benefits. CB
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