Receiving a jury summons can leave California employees wondering what will happen to their pay while they perform their civic duty. Employers may have questions about this scenario too, particularly when an employee could potentially serve on a jury for days or weeks.
Ultimately, California law protects an employee’s ability to take time away from work for jury service without a risk that they will lose their job, but that does not necessarily mean that employers must pay for that missed time. California courts encourage employers to provide such compensation, but doing so is an effort that is largely discretionary.
Worker protections and employer safeguards
Generally, California employers are not required by state law to pay nonexempt employees for time they do not work because of jury duty. However, an employer’s own policies, collective bargaining agreement or employment contract may provide workers with a right to paid jury duty leave. Employees should, therefore, review related workplace policies before assuming that a particular employee’s time away may remain unpaid.
Different considerations can apply to exempt salaried employees. Under wage-and-hour rules, an employer may face restrictions on making deductions from an exempt employee’s salary when the employee performs some work during the workweek. Employers should carefully evaluate applicable salary rules rather than automatically deducting compensation for jury service.
Employees are entitled to important protections regardless of whether their leave is paid. California law generally prohibits employers from firing or discriminating against workers for taking time off to serve on a jury when required notice requirements are satisfied. Employers should, therefore, treat a jury summons as a protected leave issue rather than simply an attendance problem.
Because wage classifications, workplace policies and individual circumstances can affect wage and hour analysis, both employers and workers may benefit from legal guidance when questions arise. Seeking personalized assistance is always an option, and it is often a wise investment.