Does my husband have to go to work on the same day as having jury duty?

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Does my husband have to go to work on the same day as having jury duty?

My husband has jury duty at 8:30 am. He is a class A CDL driver. His work hours are from 12:00 pm to 10:00 pm. He worked the day before his jury duty. His work is telling him that he has to come in on the same day he has jury duty after he gets out of jury duty. Is that legal? Can they make him come in after jury duty and have a 13.5 hour day?

Asked on September 30, 2010 under Employment Labor Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would give a call to the Department of Labor as to the extended day.  The thing is, your husband may not be paid for his day on jury duty if he does not go in to work.  Texas does not have any law in effect that requires an employer to pay you while you are on jury duty.  So he should consider that in to the equation when making a decision. I do think that he is right to question his working that long a day given his line of work.  Maybe he should try and negotiate a shorter day for the time that he is attending jury duty.  Good luck. 


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