Jury Duty Pay: Salaried vs. Hourly Employees — The Rules Are Different

Updated July 2026 · 6 min read

One of the most common points of confusion about jury duty pay is how it interacts with your regular paycheck — and it turns out the answer is very different depending on whether you're a salaried exempt employee or an hourly worker.

For Salaried Exempt Employees (Most White-Collar Jobs)

Under the federal Fair Labor Standards Act (FLSA), employers generally cannot reduce the pay of a salaried exempt employee for a partial week absence due to jury duty. This is because exempt employees are paid a guaranteed salary regardless of hours worked.

What this means in practice:

If you serve jury duty on Monday and Tuesday and return Wednesday, your employer should pay your full weekly salary
Your employer can require you to use vacation or PTO for the jury days (in most states)
Your employer can require you to remit the court's small stipend back to them

Exception: If you're out for a full week (all 5 days) of jury duty, some employers can make salary deductions. Always check your company's written jury duty policy.

For Hourly (Non-Exempt) Employees

Hourly employees are only entitled to pay for hours actually worked. If you don't work, you're not automatically entitled to your regular hourly wages during jury duty.

However:

Your employer may have a voluntary jury duty pay policy (check your handbook)
Your state may require employer pay (see our state law guide)
You'll receive the court's daily stipend regardless

Many hourly workers are surprised to find that jury duty means genuinely lost income — there's no legal obligation for employers to make up the difference in most states.

Part-Time Employees

Part-time hourly employees are generally in the same position as full-time hourly workers — paid only for hours worked, with jury duty pay coming entirely from the court's stipend unless the employer voluntarily pays or the state requires it.

What to Do Before Your Service Starts

Read your employee handbook's jury duty section
Email HR to confirm what the company pays and for how long
Ask if they require you to remit the court's payment back to them
Get confirmation in writing (email is fine)

Having clear written confirmation protects you if there's a paycheck discrepancy when you return.

Frequently Asked Questions

Do salaried employees get paid during jury duty?

Salaried exempt employees generally continue to receive their full salary during jury duty under FLSA rules, as employers cannot reduce salary for partial-week absences. However, employers may require use of PTO for jury days. Check your company's specific policy.

Do hourly employees get paid for jury duty?

Hourly employees are generally only paid for hours worked, so jury duty time is typically unpaid from the employer unless the employer has a voluntary pay policy or your state requires employer pay. You will still receive the court's daily stipend.

Can my employer deduct from my salary for jury duty?

For salaried exempt employees, FLSA generally prohibits salary deductions for partial-week jury service. However, some deductions may be permissible if you're absent for an entire workweek. Always verify with your HR department and know your state's laws.