Let's be honest, getting a jury summons is stressful enough without having to worry about your next paycheck. If you're a salaried exempt employee, there is a lot of confusion around whether your boss can legally dock your pay.

The FLSA Golden Rule

You might be wondering, "If I miss three days of work this week for a trial, will my paycheck be cut?" Under the Fair Labor Standards Act (FLSA), the answer is almost always no. The FLSA treats salaried exempt employees very differently than hourly workers. The core rule? If you do any work at all during a given workweek, your employer is legally obligated to pay you your entire salary for that week.

Think about it: have you ever checked your work email from the courthouse waiting room? If you answered a single email or took a five-minute phone call from your manager on Monday, you've officially "worked" that week. That means they can't deduct a dime from your base salary, even if you spend Tuesday through Friday in a jury box.

The Only Exception

There is a catch, though. If you are placed on a massive, weeks-long trial, and you literally do not perform a single second of work for an entire Monday-to-Friday workweek, the FLSA steps aside. In that rare scenario of a zero-hour workweek, federal law does not force your company to pay your salary.

What about the court stipend?

Here is something that surprises a lot of people: your company is actually allowed to offset the money the court gives you. So, if the court hands you a check for $45 at the end of the week, your employer can legally reduce your paycheck by exactly $45. Will they actually do it? In our experience, most HR departments don't bother because the administrative hassle of tracking down a $15-a-day court check costs them more than it saves.