When nonexempt employees
are absent from work to perform jury duty, we pay them the difference between their
regular hourly pay and the amount they receive from the court for jury duty,
for the time they are absent from work (up to a maximum of 8 hours per day for
14 days). Do we have to count this paid time off as time worked for our daily
or weekly overtime calculations?
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.
Under California and
federal law, you have to pay overtime only based on hours actually worked, so
you don’t have to include hours spent at jury duty in your overtime
calculations.
Note that
statute specifies that an employee can choose to use accrued vacation, personal
leave, or compensatory time off for jury duty unless a collective bargaining
agreement provides otherwise.