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Apr08

Jury Duty Compensation

My company has more than ten employees. We are located in New York State. One of my employees served 8 days jury duty. How much am I obligated to pay him?

Thanks for re-posting your question with the state! New York is one of the few states that require employers to pay employees on jury duty. An employer with ten or more employees must pay an employee on jury duty the first $40.00 of an employee’s daily wage for the first three days of jury service. Keep in mind an employer violating the law may be found guilty of criminal contempt of court punishable by fines and/or jail time.

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2 Responses to “Jury Duty Compensation”

  1. Kathy Says:

    Does it matter that the employee served eight (8) days
    is he/she still only entitled to receive 3 x $40.00 or do I need to pay them additional money

  2. hrlady Says:

    Hi Kathy,
    Under NYS law, the employer is required to pay $40 of the employee’s daily wage for the first three days only. Additional compensation for more days served is not legally mandated. It’s not prohibited either; so, you’re welcome to provide additional compensation as a benefit to the employee. The law verbatim can be viewed at websitehttp://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&[email protected]+&LIST=LAW+&BROWSER=40399896+&TOKEN=02837322+&TARGET=VIEW.

    Keep in mind that the federal Fair Labor Standards Act (FLSA) regulates how compensation is paid for non-exempt and exempt employees. Non-exempt employees are not required to be paid for time not worked. So, in this case, if the employee is non-exempt you must follow NYS law for jury duty pay as mentioned above.

    Conversely, if the employee is exempt and was only absent for part of the workweek for jury duty, deductions from the employee’s salary is not permissible. The FLSA allows limited reasons for docking pay for working a partial week. Jury duty is not one of them. If the exempt employee missed a full workweek for jury duty, the FLSA allows their pay to be docked for the entire week.

    I apologize for no mentioning this in my initial response.

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