HR Management & Compliance

Employment Law Tip: Jury Duty Dos and Don’ts

Every day, thousands of employers learn that one or more of their employees has been called up for jury duty. But do you know your rights and responsibilities vis-à-vis an employee’s jury duty? Here’s a quick primer.

The basic rule in California is that you’re required to give your workers time off for jury duty. However, you don’t have to pay non-exempt employees for the time they’re away from work, unless you choose to do so or it’s required by a union contract. But keep in mind that employees who are exempt from overtime must be paid their full salary if they perform any work in a week during the week they are on jury duty. Plus, you can require employees to work normally scheduled shifts on days when the jury isn’t in session.

It is also important to know that it’s illegal to fire or discriminate against an employee for performing jury duty, and seniority and benefits must continue to accrue while the worker is on leave. Note, too, that if you provide paid time off, you can deduct the jury fees the worker receives from the employee’s regular wages.


The HR Management & Compliance Report: How To Comply with California Wage & Hour Law, explains everything you need to know to stay in compliance with the state’s complex and ever-changing rules, laws, and regulations in this area. Coverage on bonuses, meal and rest breaks, overtime, alternative workweeks, final paychecks, and more.


Additional Resources:

Division of Labor Standards Enforcement

California Labor Code Section 230(a) (Jury Duty)

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