Originally Published on August 10, 2018; Updated/Revised on January 15, 2020
Under California law, your employer must provide you with time off for jury duty. Below are four things you should know about your rights:
No. 1: No Employer Size Requirement. All employers must provide you with time off for jury duty, regardless of whether the employer has only one employee or hundreds of employees.
No. 2: No Length of Service Requirement. All employees are eligible to take time off for jury duty, regardless of how long the employee has worked for the employer (whether it is just a few days or several years).
No. 3: Discrimination Is Unlawful. It is unlawful for your employer to terminate or discriminate against you in any manner for taking time off for jury duty if, prior to taking the time off, you gave your employer reasonable notice that you are required to serve on a jury.
No. 4: Compensation during Jury Duty. If you are a non-exempt employee, your employer is not required to pay you for the time that you take off for jury duty. Nevertheless, some employers pay non-exempt employees while they are on jury duty – but this is solely the employer’s choice and is not required by California law.
Different rules apply for exempt employees. If you are an exempt employee and you perform any work during the week that you are on jury duty, your employer is required to pay you for the time that you take off for jury duty. On the other hand, if you are an exempt employee and you do not perform any work at all during the week that you are on jury duty, then your employer is not required to pay you for the time that you take off for jury duty.
If you have questions about time off for jury duty, call 916-612-0326 or email ([email protected]) Finley Employment Law today. We serve clients throughout California, including Sacramento, Folsom, Roseville, Granite Bay, and Elk Grove.
The information in this blog post is for general informational and advertising purposes only and is not, nor is it intended to be, legal advice. Instead, you should speak with a California employment attorney for advice regarding your individual situation.