I work for a accounting firm, I am now on jury duty for 1 month (grand), the company feels I should not get paid thru them. What is your response.

Asked on June 11, 2009 under Employment Labor Law, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under federal law, an employer is not required to pay its non-exempt employees for any time off taken to fulfill an employee’s jury service obligation.  However, employer is prohibited from discharging, threatening to discharge, intimidating or coercing any employee based upon the employee’s jury service.  Federal law also requires that any employee who takes jury duty leave be treated in the same way as all other employees who are on a leave of absence with respect to employment benefits and that the employee be restored to his or her same position upon the employee’s return from jury duty.  Maryland is similar to the federal law in that it prohibits an employer from discharging an employee due to time lost from work as a result of performing jury duty, but does not require that an employer pay its employees. 

When do you have to pay an employee for jury duty?  If an employee, is an exempt employee, is summoned to jury duty, an employer may not make any deductions from that employee’s pay during any week during which he or she performs any work whatsoever.  Even if the employee only performs one hour’s worth of work during his or her jury service, the employee must be paid his or her full salary for that week.  The only circumstance during which an exempt employee is not guaranteed his or her full salary while on jury leave is if the employee performs no work in any given work week.  An exempt employee’s salary may be offset by any compensation that the employee receives from the courts for his or her jury service.

Note:  Exempt (salaried) employees are those who are exempt from certain wage and hour laws, i.e. overtime pay; usually applies to administrative, executive, or professional employees who receive an annual salary, in equal payments weekly, bi-weekly, or at some other specified time interval.  Non-exempt employees receive hourly wages; they are subject to wage and hour laws, i.e. overtime pay. 


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