Jury Duty and Your Paycheck: Does Your Employer Have to Pay You?
Jury duty and your paycheck: does your employer have to pay you?
A jury summons is a civic duty, but it can also be a pay cut. Whether you keep earning while you serve depends on your employer’s policy, your state’s laws, and whether you’re paid hourly or on salary.
- Federal jurors are paid $50 a day (up to $60 after 10 days if the judge orders it), plus some travel costs.
- Federal law protects your job but doesn’t require your employer to keep paying you.
- Salaried exempt employees generally can’t have their salary docked for jury duty in a week they work, though jury fees can be offset.
What jurors are paid
According to U.S. Courts: Juror Pay, federal petit jurors are paid $50 for each day of service and can receive up to $60 a day after 10 days if the presiding judge orders it. They may also be reimbursed for reasonable transportation and, in some courts, parking, plus meals and lodging if they must stay overnight. Federal government employees receive their regular salary instead of the fee. State courts set their own juror pay, often lower.
Does your employer have to keep paying you?
For federal jury service, U.S. Courts says your employer “may continue your salary during all or part of your jury service, but federal law does not require an employer to do so.” Check your handbook; many employers pay for some days. Some states require employers to pay for a limited number of days, so check your state’s rules.
Your job is protected
Under 28 U.S.C. 1875 (Cornell LII), no employer may fire, threaten to fire, intimidate or coerce any permanent employee because of federal jury service. An employer that violates it can be liable for lost wages and benefits, ordered to reinstate the employee, and fined up to $5,000 per violation. Most states have similar protections for state jury service.
Salaried exempt employees
If you’re a salaried exempt employee, 29 CFR 541.602 (eCFR) says an employer “cannot make deductions from pay for absences of an exempt employee occasioned by jury duty,” though it can offset any jury fees you receive for that week against your salary. In general, exempt employees don’t have to be paid for a workweek in which they perform no work at all. Hourly employees are generally only paid for hours worked unless the employer has a jury-duty pay policy.
How to plan
- Tell your employer right away and give them a copy of the summons.
- Ask about the policy in writing: how many paid days, and whether you’ll need to turn over juror fees.
- Request a postponement from the court if the timing creates real hardship.
- Check your pay stub afterward (see how to read your pay stub) to make sure any deductions match the policy.
General information, not legal advice. State laws vary; check your state labor department or an employment attorney for your situation.
Header image: Photo: “Jury box in 3rd floor courtroom of the Conway County Courthouse in Morrilton, AR” by Brandonrush, CC0 (cropped).