If I’m subpeonaed to court, must my employer pay me for the day?

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If I’m subpeonaed to court, must my employer pay me for the day?

Asked on November 15, 2016 under Employment Labor Law, New York

Answers:

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

Answered 5 years ago | Contributor

Neither federal nor your state's laws require that you be paid for time spent responding to a subpoena (nor can you be terminated for being out of work due to a subpoena). This would be true even if the case had to do with your employer since the prosecutor subpoenaed you, not your employer, so appearing is not at the employer's direction so is not considered compensable work time.


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