Jury Service In New York
All too often employers are confused regarding their obligations in NY regarding jury service. New York State has a website specifically dedicated to providing information for the public at large and employers regarding their respective obligations in NY. In addition, the site provides a link to an employer handbook detailing the employer's obligations. Some interesting questions are answered, such as:
WHICH EMPLOYERS MUST PAY THE JURY FEE?
Employers of more than 10 employees are required to pay jurors at least the jury fee amount or the employee’s wage (whichever is lower) each day for the first three days of jury service. If the juror’s daily wage is less than the jury fee then the State makes up the difference. Employers of 10 or fewer employees are not required to pay the jury fee. The State will pay the jury fee of jurors who work for employers of 10 or fewer employees if the jurors are not paid at least the jury fee by their employers. Jurors are not paid for travel nor are meals or lodging provided except in the rare trial where a jury is sequestered overnight.
MAY AN EMPLOYER REQUIRE AN EMPLOYEE TO TAKE VACATION OR OTHER PAID LEAVE WHILE SERVING?
No. It is an illegal penalty to force an employee to charge jury duty absence against vacation, personal or sick time. However, because some employees may not be receiving full pay, an employee may choose paid leave over losing wages.
MAY AN EMPLOYER REQUIRE AN EMPLOYEE WHO SERVES AS A JUROR TO MAKE UP TIME?
No. It is an illegal penalty to force an employee to work on days when the employee is not normally scheduled to work in order to make up for workdays lost as a result of jury service.
MAY AN EMPLOYEE WHO IS SERVING AS A JUROR BE REQUIRED TO WORK WHILE SERVING?
It is an illegal penalty to force an employee to work a full shift while the employee is serving full days on jury service. Where a day’s jury service is completed with less than a full day’s court appearance, or where the required reporting to work is for a relatively short period of time, it is up to the Jury Commissioner to determine whether the required reporting to work is an illegal penalty. Factors considered include the number of hours spent at the courthouse, number of hours to be worked on the job, travel time to and from court, travel time to and from the workplace, child care or other arrangements made by the employee in anticipation of jury service, and any other factor reasonably related to an employee’s availability to work.
ARE PART-TIME EMPLOYEES PAID FOR JURY SERVICE?
Part-timers who miss work due to jury service are paid the jury fee on the same basis as full-time employees.
ARE EVENING OR NIGHT WORKERS PAID FOR JURY SERVICE?
Evening or night workers who miss work due to jury service are paid the jury fee on the same basis as are employees who work during the day.
Follow these links for more information:
Employer's Guide to Jury Service in New York State
New York Juror Information Website