March 28, 2017



Am I required to give time and pay for employees attending jury duty?



In NY, Employers  are  encouraged  but  not  required  to  pay  an  employee’s  full  daily  wage  while  the  employee  is  reporting  to  serve  as  a  juror.  Employers of more than 10 employees must pay jurors the jury fee of $40 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. 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. After three days, the State pays the jury fee to jurors who are not paid at least the jury fee. For jurors who are paid a daily wage that is less than the jury fee the State makes up the difference.
You do not have to pay. You do have to give the day off.
Must employers allow employees to serve? Yes. An employer must allow employees time off from work to serve as jurors. An employer who discharges or penalizes an employee for serving as a juror may be prosecuted by the Office of the Attorney General and subjected to criminal penalties.