Do I have to pay employees who go on jury duty? What about court appearances?
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.
For nonexempt employees, California does not require employers to pay for jury duty or court appearances. However, many employers do pay nonexempt employees in such cases. Some courts pay jurors a small fee, and employers may offset any amounts received by an employee in a particular week against the compensation received for that week.
For exempt employees, the state labor commissioner has determined that no deductions may be made from exempt workers’ salaries for absences caused by jury or witness duty. However, the employer may offset amounts received by an employee from the court for a particular week against the salary due for that particular week.
Employers should also note that California offers job protection for employees serving as jurors. An employer may not discharge or otherwise penalize an employee who is called to serve as a juror, pro-vided the employee gives the employer reasonable notice before taking time off.
As to court appearances, an employer may not discharge or otherwise penalize an employee, including an employee who is a victim of a crime, for taking time off to appear as a witness in a judicial proceeding. Likewise, an employer may not discharge or otherwise penalize an employee who is a victim of domestic violence or sexual assault for taking time off to obtain relief, including a restraining order or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child. —CELA Editors