Jury-duty policies?

[Alexandra 55]

What are the policies at your job regarding jury duty? And do you work for a large or small company?

My office is small, 7 people, with only one or two typically who are on salary (the others are on commission only). If a staffer gets called to jury duty, the company continues to pay the salary while that person serves. It's never happened that the jury duty was more than one or two days, but I'm told that even if a staffer were impaneled for a few weeks, they'd pay the person anyway and either work around her absence or get a temp.

My husband works in a deli, and just served two days of jury duty for which he was granted...the opportunity to make them up on what should have been his regular days off! I'm ticked because one of these days is TOMORROW, the Saturday of a holiday weekend (and Sunday is a regular workday for him anyway). ARGH!!

Am I wrong to be ticked? Normally, if he hadn't had jury duty and was asked to work on a Saturday, he'd be able to decline or get paid overtime if he said yes. But because he had jury duty this week he not only has no choice in the matter, but he doesn't get the overtime pay!

It seems to me that employers should permit their employees to fulfill their civic duty without hardship. Hell, it's only once in a blue moon in a small business. Am I wrong? I guess if this were any other week it wouldn't bother me so much, but it really rankles on Memorial Day weekend.

How does it work where YOU work?

[K@t 38]

I think by law they have to pay him, but the laws differ from state to state and county to county. If I was in your shoes, I would find out what the law says and then go from there. If the law supports you I would bring it up to his employeer. If it doesn't then I guess its just crappy that he's gotta work..... wish i could be more help, but I'm not to up to date on employee laws in the US any more...

[Alexandra 55]

I tried to check the laws but couldn't really find a clear source. He was called for federal jury service, and since they do allow for exceptions based on financial hardship I'm guessing it's not illegal for employers to withhold salary. (Ultimately, that's the reason he was excused--the trial was expected to take 6-8 weeks, and there's no way he'd be able to go that long without a paycheck.)

...

Just found a good source:

though most employers pay employees on leave for jury service, employers are not legally obligated to do so in every case. Under the Fair Labor Standards Act (FLSA), employers must pay full salaries to exempt employees who are absent from work for less than one week to perform jury service. However, the employer may deduct any jury duty fees that the employee receives from the court. The FLSA does not require payment when an exempt employee is absent for one or more weeks during which no work is performed. Employers are not required to pay nonexempt employees while on leave for jury service. The same requirements apply to employees who must appear as a witness or a defendant in a court case.

Unfortunately, my husband is a non-exempt employee. Phooey. :cake:

[K@t 38]

Hey Alex,

This is what I found on Federal Jury Duty

JURY DUTY PAY

COMPENSATION FROM THE COURTS, YOUR JOB

Courts generally compensate jurors with a stipend. Federal courts tend to pay the best (example: $40 per day), with state and local courts paying less (example: $5-$10 per day). You may also be eligible to receive compensation for parking, mileage and tolls.

Your job must be protected while you serve on jury duty. However, employer policies vary widely as to whether you will continue to be paid while on jury duty. Check with your employer prior to reporting for service... your compensation (or lack of a paycheck) may have an impact on whether you are selected to serve. Some employers will allow you to continue to receive full pay, others will deduct the court's compensation from your regular pay while other employers won't pay you while you are on jury duty.

Looks like they don't have to pay him. Sucks rotten eggs!

[Alexandra 55]

Yep, I found the same info from elsewhere (see my post above yours). Drats.

But it's not even the money so much as the timing. He's going to get $100 for his service but he'll never get the Saturday back.

[K@t 38]

well, he can just tell him he doesnt want to make up the day, or he can just call in sick :cake:

[Alexandra 55]

well, he can just tell him he doesnt want to make up the day, or he can just call in sick :cake:

Nope. He's the sort that if his boss wants him there, he's there. The sad thing is that bosses never appreciate that sort the way they should be appreciated.

He's been working for this deli for 15 years. In the deli business, that's THREE lifetimes. You'd think they could cut him some slack once in a while. :cake:

[K@t 38]

i was always a believer that if you gave a little they should too, but when i gave first i got stomped on...now im always getting asked to stay just an extra 30 min, or to take the worst classes and shit like that...it blows up in your face...and once you start its hard to refuse....i feel ya...

[Marimaru 7]

K@t, I'm the same way. Whenever my family asks me to do anything, if I don't jump on it right away, they get insulted just because I've always done it, lol.

The last place I worked at, was a decently large company, ~100 employees, and basically, they paid me for the time off, minus what I was paid by the court.

My current place of work is my moms 6 employee company, and it's basically the same.

You should have your husband get their written jury duty policy from his boss. That way, he can at least make sure he's not just getting screwed because they know he'll do it. In a small company jury duty isn't something that comes up alot, and the 'policy' might not be on anyone's mind so much as what's convenient at the time. We didn't even have a policy until someone was called here... of course, we're a young company...

[Penni60 45]

Under the Fair Labor Standards Act (FLSA), employers must pay full salaries to exempt employees who are absent from work for less than one week to perform jury service.

It seems this section you quoted Alexandra says that he should get paid. I am so confused.

[Elisabethsew 50]

In New York, you're employer HAS to give you the day off for Jury duty but does NOT have to pay you. If your employer does pay you, the courts do not pay you the small stipend for jury duty.

[Wheetsin 714]

Her quote is for exempt employees, but her husband is non-exempt. :cake:

Alex, I work for a very large company, one of th top 30 on the F500 list - I don't know our policy for sure because I've never actually had to report when I've gotten my notice, but I *think* our salaried exempt employees are covered at 100% for the duration, and our non-exempt at 100% for two weeks and 80% for as long as it takes after that. I could be wrong, it could be 100% for everyone.

BTW - since you referenced your own job, did you end up taking the telecommuting position (I think you said it was a job you did before and loved?)

[Alexandra 55]

Penni, Wheetsin's right. My darling hubby is, unfortunately, not a salaried employee. He gets paid by the hour--as does everyone who is not the owner in his store.

Wheetsin, thanks for asking!! That job Quest is still very much alive. I had the interview earlier this week, and now have to wait while they go through their other applicants. All I know from the search committee is that they "hope to make a recommendation to the Board in early June." The job I referenced above is my current position.

If I get the new (old) job, jury duty days would be paid in full. A service of any length of time would just mean I'd have TWO jobs for a while. I guess this isn't uncommon with lots of people--I heard one of the Enron jurors say that often they'd be done for the day and go home and do their regular jobs, at night.

[Iluvharleys 15]

It is not mandatory that they pay you, but most companies do. When I worked in Government, they paid us for jury duty, but we had to turn in the money the court paid us, which went back into the fund.

It's not fair, but that is the law. They do have to keep your job open for you though. I actually worked in the same office as the gal that had the jury position.

[CCBSTX 0]

This is interesting....I understand the states are pretty clear as to when/if you get your regular pay, after serving on a jury.

However, I am not so clear as to making "time" up at the job. Your husband was essentially working, as a juror. Now he is being penalized by working, at his real job, additional hours to make-up for jury duty. What's the law regarding this or is there?

Shawn