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. http://www.nyjuror.gov/pdfs/hb_ee.pdf
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. http://www.nyjuror.gov/pdfs/hb_ee.pdf