Does My Job Pay for Jury Duty? Laws and Employee Rights Explained

Table of Contents#

1. Do Employers Legally Have to Pay for Jury Duty?
2. Federal vs. State Jury Duty Pay Rules: What Applies to You?
3. Additional Protected Rights for Workers Serving Jury Duty
4. What to Do If Your Employer Refuses to Pay or Penalizes You for Jury Duty
5. Frequently Asked Questions
6. Final Takeaways
7. References

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Do Employers Legally Have to Pay for Jury Duty?#

There is no universal federal law requiring private-sector employers to pay workers their regular wages for time spent on jury duty, but rules vary widely by state, employment type, and employer size:

• Public sector (federal government) employees: Per 5 U.S.C. § 6322, all federal civilian employees receive their full regular salary while serving jury duty, with no deduction for time spent in court.
• Salaried exempt workers: Under the Fair Labor Standards Act (FLSA), if you perform any work during a workweek in which you serve jury duty, your employer is required to pay your full regular salary for that entire week, regardless of how many days you missed for court.
• Hourly/non-exempt private sector workers: No federal pay mandate applies, but 8 states plus Washington D.C. require private employers to provide partial or full pay for jury service. All other states allow employers to choose whether to offer pay as a voluntary benefit.
• Court per diem: All jurors receive a small daily stipend from the court (typically $10-$50 per day, plus mileage reimbursement) to cover basic expenses, but this amount rarely replaces lost regular wages.

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Federal vs. State Jury Duty Pay Rules: What Applies to You?#

Federal Law Basics#

While federal law does not require private employers to pay for jury duty, it does provide universal job protection: no employer in any state can fire, demote, harass, or deny a promotion to an employee for serving on a jury, per the Jury Systems Improvement Act of 1978.

State Pay Requirements#

Rules vary significantly by state. Below are common examples of state requirements:

17 additional states prohibit employers from forcing workers to use paid time off (PTO), sick leave, or vacation days to cover jury duty hours, even if no mandatory pay rule applies.

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Additional Protected Rights for Workers Serving Jury Duty#

Beyond pay rules, all U.S. workers are entitled to the following rights when called for jury duty:

1. Unconditional job protection: You cannot be penalized in any way for fulfilling your jury duty obligation, even if your service lasts multiple weeks.
2. No mandatory make-up hours: Your employer cannot require you to work extra shifts or make up hours missed for jury service on your own time.
3. Postponement eligibility: All courts allow you to request a postponement of your jury service if serving would cause extreme financial hardship, or if you have pre-scheduled work commitments that cannot be rescheduled (e.g., a major project deadline, planned medical leave for a family member). Most courts approve 1-2 postponement requests for eligible workers.
4. Shift worker accommodations: If you work overnight or irregular shifts, most courts will excuse you from jury service if attending court during the day would lead to unsafe fatigue for you or your co-workers.

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What to Do If Your Employer Refuses to Pay or Penalizes You for Jury Duty#

If your employer violates your jury duty rights, follow these steps to resolve the issue:

1. Gather documentation: Collect your jury summons, pay stubs showing lost wages, and any written communications (emails, Slack messages, HR memos) about your jury service from your employer.
2. Confirm your state rules: Look up your state’s jury duty protection laws on your state labor department website to confirm exactly what protections you are entitled to.
3. Escalate to HR first: Many violations are accidental, and your HR team may not be aware of state-specific pay rules. Share a copy of your state’s labor guidelines with them and request a correction of pay or reversal of any penalty within 14 days.
4. File a formal claim: If your employer refuses to correct the issue, file a wage claim (for lost pay) or retaliation claim (for termination, demotion, or harassment) with your state labor board. You may also file a claim in small claims court for amounts under your state’s small claims limit (typically $5,000-$15,000).
5. Seek legal counsel for severe violations: If you were wrongfully terminated for jury duty, you may be entitled to back pay, reinstatement, punitive damages, and coverage of attorney fees from your employer.

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Frequently Asked Questions#

1. Can I keep the court’s per diem if my employer pays my regular salary?#

Most employers allow you to keep the court stipend, but some company policies require you to turn it over. Check your employee handbook for specific rules.

2. Do part-time, temporary, or gig workers get the same jury duty rights?#

Job protection rules apply to all workers regardless of employment status. Pay mandates apply if you meet your state’s eligibility requirements (e.g., minimum number of hours worked per week, employer size thresholds). Self-employed and gig workers are not eligible for mandatory employer pay, but may request excusal from jury duty for severe financial hardship.

3. What if I am called for federal jury duty instead of state jury duty?#

The same job protection rules apply, and pay requirements follow your state’s private-sector pay rules. Federal employees receive full regular pay for federal jury duty.

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Final Takeaways#

1. There is no federal pay mandate for private-sector hourly workers serving jury duty, but 8 states plus Washington D.C. require partial or full pay for eligible workers.
2. You can never be fired, demoted, or harassed for serving on a jury, no matter what state you live in.
3. Salaried exempt workers are entitled to full weekly pay if they work any part of a week they spend on jury duty, per federal FLSA rules.
4. If your employer violates your jury duty rights, you have formal recourse through state labor boards and the court system to recover lost wages or reverse penalties.

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References#

1. U.S. Department of Labor. (2023). Jury Duty Employment Rights Under Federal Law. Retrieved from https://www.dol.gov/general/topics/leavetime/juryduty
2. Bureau of Justice Statistics. (2022). Jury Service in the United States: National Trends. Retrieved from https://bjs.ojp.gov/content/pub/pdf/jsusnt.pdf
3. National Conference of State Legislatures. (2023). State Jury Duty Pay and Protection Laws. Retrieved from https://www.ncsl.org/employment-and-labor/jury-duty-pay-and-leave-laws
4. U.S. Courts. (2023). Jury Service Frequently Asked Questions. Retrieved from https://www.uscourts.gov/services-forms/jury-service/juror-frequently-asked-questions