Federal Laws & FLSA Guidelines
The federal Fair Labor Standards Act (FLSA) provides the base level rules for employer obligations during jury duty. However, there is a distinct difference in rules between hourly and salaried employees.
Hourly vs. Salaried (Exempt) Employees
- Hourly Employees: Under the FLSA, private employers are NOT required to pay hourly workers for hours missed due to jury service. If no state law mandates pay, hourly workers lose income unless they use PTO.
- Salaried (Exempt) Employees: The rules are much stricter. Under 29 CFR § 541.602, employers cannot deduct pay from a salaried employee's weekly wages if they miss work for jury duty, provided they work any portion of that workweek. Docking salary for jury service violates exempt status.
The 9 Mandatory State Laws
These states have enacted specific legislation requiring private employers to pay employees during jury service:
- Alabama (Ala. Code § 12-16-8): Full wages for the entire duration of service. One of the strongest statutes.
- Colorado (Colo. Rev. Stat. § 13-71-126): Employers must pay regular wages up to $50/day for the first 3 days.
- Connecticut (Conn. Gen. Stat. § 51-247a): Full regular wages for the first 5 days.
- Louisiana (La. Rev. Stat. § 30:92.1): Full wages for the first reporting day only.
- Massachusetts (Mass. Gen. Laws ch. 234A, § 48): Full regular wages for the first 3 days.
- Nebraska (Neb. Rev. Stat. § 25-1640): Full wages for the entire service duration.
- New York (N.Y. Jud. Law § 519): All employers with 11+ workers must pay at least $40/day (or regular wages) for the first 3 days. Effective June 2026, court compensation increases to $72/day starting Day 4.
- Tennessee (Tenn. Code § 22-4-106): Full regular wages for up to 10 days of service.
- Washington D.C. (D.C. Code § 11-1912): Full wages for the first 5 days of service.
Frequently Asked Questions
For salaried (exempt) employees, the answer is generally no; doing so can compromise their exempt status. For hourly workers, federal law does not prohibit employers from requiring PTO usage, though some states have specific anti-retaliation rules that prevent employers from forcing PTO usage.
Absolutely not. The Protection of Jurors' Employment Act (28 U.S.C. § 1875) protects jurors in federal court, and every US state has individual anti-retaliation statutes making it a crime to terminate, demote, or threaten employees for fulfilling their civic duty.
This depends on company policy. Many companies that voluntarily pay full salary during jury service require employees to remit (hand over) the daily court stipend to the company. If you do this, you can deduct the remitted amount on your tax return.