Do Employers Have to Pay Employees for Jury Duty?
Whether an employee gets paid for jury duty depends mainly on state law, the employee’s classification, and the employer’s policy. Federal law generally does not require private employers to pay nonexempt employees for time spent serving on a jury. However, it limits certain salary deductions for exempt employees, and some states require employers to provide paid jury-duty leave. Employees should check the rules where they work, their handbook, and their court summons before assuming the time will be paid.
Is an Employer Required to Pay for Jury Duty?
There is no single nationwide rule requiring private employers to pay every employee for jury duty. The federal Fair Labor Standards Act (FLSA) generally does not require payment for hours an employee does not work, including time spent serving on a jury. State and local laws may set a more generous standard, and an employer may offer paid jury-duty leave through a written policy or employment agreement.
As a result, two employees with similar jobs may receive different treatment if they work in different states or are covered by different workplace policies. The court’s juror compensation is a separate matter: it does not automatically replace wages or establish what an employer must pay.
Federal Jury-Duty Pay Rules
Hourly and other nonexempt employees
For nonexempt employees, federal law generally requires pay for hours worked, not for jury-service hours when no work is performed. An employer therefore usually does not have to pay an hourly employee for a missed shift due to jury duty unless a state or local law, contract, collective bargaining agreement, or company policy requires it.
If an employee works part of a day before or after reporting to court, the employer must pay for the hours worked under applicable wage laws. The employer must also follow any state rules governing minimum wage, overtime, reporting time, or paid leave. Jury duty itself does not count as hours worked for federal overtime purposes in most private-sector jobs.
Salaried exempt employees
Federal rules provide a specific protection for employees who qualify as exempt from overtime and are paid on a salary basis. Under the Department of Labor’s regulation at 29 C.F.R. § 541.602(b)(3), an employer generally may not reduce an exempt employee’s salary for an absence in a workweek caused by jury duty, attendance as a witness, or temporary military leave.
If the employee performs any work during that workweek, the employer generally must pay the full salary for the week, subject to the regulation’s rules. The employer may offset the salary by amounts the employee receives as jury or witness fees. If the employee performs no work at all during a workweek, the salary-basis rules generally do not require salary payment for that week.
This rule does not mean every salaried worker is exempt. Exempt status depends on the employee’s duties, salary level, and method of payment under federal and state law. A worker’s job title alone does not determine whether the salary-basis protection applies.
State Laws Can Require Paid Jury-Duty Leave
Many states protect employees from being fired or penalized for jury service, but a job-protection law does not necessarily require the employer to pay wages. Some states go further and require payment for a defined period, sometimes subject to employer-size limits or a daily cap. The specific rules can change, so employees should consult their state labor department or current statute.
For example, New York Labor Law § 519 generally requires employers with more than 10 employees to pay a juror the first $40 of daily wages for the first three days of jury service. The law addresses the employer’s payment obligation for those days; court-provided juror fees and the employee’s ordinary wages may affect the practical amount received. The statute is available through the New York State Senate.
California’s Labor Code § 230 generally prohibits employers from discharging or discriminating against employees for taking time off to serve on a jury when they give reasonable notice. That protection does not, by itself, create a general requirement that private employers pay wages for jury-service time. California employees should also check their employer’s policy and any applicable local rules.
State protections may also regulate notice, scheduling, use of paid time off, and whether an employer can require an employee to make up missed hours. A rule that prevents retaliation is different from a rule that guarantees pay. Both questions should be checked separately.
Does the Court Pay Jurors?
Courts often pay jurors a modest daily attendance fee and may reimburse mileage or other authorized expenses. Federal courts generally pay jurors $50 per day, with some exceptions for longer trials and certain categories of service. Rates and reimbursement practices vary by court and jurisdiction; state courts set their own rules.
These payments are not the same as an employee’s regular wages. A juror may receive court fees while missing work, but the employer’s obligation is determined by law and workplace policy. In some circumstances, an employer may offset jury fees against an exempt employee’s salary under the federal salary-basis regulation. Employees should ask the court clerk about the local fee schedule and their employer about its treatment of those payments.
Can an Employer Make an Employee Use Vacation or PTO?
There is no universal federal rule that answers whether an employer can require vacation or paid time off to cover jury duty. The answer depends on state or local law, the employer’s policy, and whether the employee is exempt or nonexempt. Some jurisdictions restrict an employer’s ability to force an employee to use accrued leave for jury service.
For exempt employees, a deduction from accrued leave may be treated differently from a deduction from salary. Federal salary-basis rules generally allow employers to reduce an exempt employee’s leave bank for a partial-day absence without reducing the employee’s salary, provided the salary itself remains intact. State law or an employer policy may provide additional protections.
Employees should review the handbook for language such as “jury duty leave,” “court leave,” or “civic leave.” They should check whether the policy provides full pay, partial pay, a maximum number of paid days, or a requirement to submit proof of service. A policy may also explain how court fees are handled.
What Employees Should Do Before Reporting
- Read the summons carefully. Note the reporting date, check-in time, courthouse, and instructions for requesting a postponement or accommodation.
- Notify the employer promptly. Provide reasonable notice as required by state law or workplace policy, and share the expected dates of service when available.
- Ask about pay in writing. Confirm whether the time is paid, whether PTO is required, how many days are covered, and whether court fees affect wages.
- Keep documentation. Save the summons, employer communications, attendance records, and any proof of service provided by the court.
- Update the employer if service changes. Jury selection may end quickly, or a trial may last longer than expected. Employees should report schedule changes as soon as practical.
Employees should not ignore a summons because they are concerned about lost wages. Courts may impose consequences for failing to appear, and many allow a person to request a postponement or explain a hardship through official channels. Whether a request is granted is up to the court.
What Employers Should Consider
Employers should maintain a written jury-duty policy that reflects applicable state and local law. The policy can explain notice expectations, whether employees must provide court documentation, how pay and PTO are handled, and what happens when service extends beyond the paid period. A clear policy can reduce confusion for both managers and employees.
Managers should avoid treating jury service as misconduct or pressuring an employee to disregard a summons. Federal law does not create a general private-sector jury-duty pay mandate, but state laws commonly protect employees from discharge or other adverse treatment for serving. Retaliation rules can carry penalties even where the employer does not owe regular wages for the missed time.
Payroll teams should distinguish between nonexempt wages, exempt salary, accrued leave, and court fees. Applying an hourly deduction to an exempt employee’s salary can create a separate wage-compliance issue, even if the company does not offer paid jury leave. Employers with operations in multiple states should not assume one location’s policy works everywhere.
Common Jury-Duty Pay Questions
Does an employer have to pay an hourly employee for jury duty?
Not under the general federal rule, unless the employee performs work or a state or local law, contract, or employer policy requires payment. Some states mandate paid leave for a limited number of days.
Can an employer fire someone for serving on a jury?
Many state laws prohibit employers from firing or penalizing employees for jury service, and some provide additional remedies. The scope and procedure vary by state. Employees who believe they faced retaliation can contact their state labor agency or seek legal advice.
Can an exempt employee’s salary be reduced?
Usually not for a jury-duty absence in a workweek in which the employee performs work, under the federal salary-basis rule. The employer may offset jury fees in circumstances covered by the regulation. Exempt classification and state law should be reviewed before making a deduction.
Can the employee keep the court’s jury fee?
Often, but the answer can depend on the employer’s policy, state law, and exempt-employee salary rules. Federal regulations permit an employer to offset jury fees against an exempt employee’s salary in the circumstances described in 29 C.F.R. § 541.602(b)(3). A court fee does not automatically determine the employer’s wage obligation.
Where to Verify the Rules
Because jury-duty pay is largely affected by state and local requirements, employees should verify current rules with the state labor department, the applicable court, and their employer’s written policy. The U.S. Department of Labor’s FLSA information page explains federal wage standards, while the electronic Code of Federal Regulations provides the specific salary-basis rule for exempt employees.
When a policy appears inconsistent with state law, or a worker faces a deduction, discipline, or termination tied to jury service, the relevant state labor agency can explain complaint procedures. An employment attorney can assess how the law applies to an individual situation. The key point is that jury service is protected in many places, but paid jury leave is not guaranteed everywhere.