jury duty - must employer pay?

[D Eckerman]

resturant cook has been called to jury duty. Owner says they told her she must pay her the hourly wage for the time she is missing... Is that correct?

Where would I look? Thx

[GeneInAlabama]

I did a quick google search and found the following on the Dept of Labor website. Note that it says that the federal goverment does not require the employer to pay the employees wages during that time, some state laws do.

"Jury Duty

DOL Web Pages on This Topic

The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including jury duty. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee's representative). The Bureau of Labor Statistics' (BLS) Employee Benefits Survey indicates that 87 percent of employers offer paid leave for jury duty service.

While federal law does not, some state laws require employers to pay employees who are asked to serve jury duty.

DOL Web Pages on This Topic

Employee Benefits in Medium and Large Private Establishments

Report showing participation in selected employee benefit programs, full-time employees, medium and large private establishments.

Coverage Under the Fair Labor Standards Act (FLSA)

Fact sheet on who is covered by the FLSA."

Hope this helps.

Gene

[mcb39]

De.....I don't believe they can refuse to give you the time off or penalize you in any way for being away from work for jury duty. The option of whether to pay for the time off or not is strictly a part of the employer/employee contract. It is your duty to serve on a jury. It is not your employer's duty to pay you for it....

[kcjenkins]

And some employers may pay 'the difference' between the standard hourly rate the employee makes and the amount of 'jury duty' pay received. But unless your state requires it, it is optional whether they pay anything at all.

[D Eckerman]

thank you!

I searched WI DWD and WI is not a taxable state - just says if employer pays, add to their wages and jury duty is not taxable...

[Bill (Wisconsin)]

I searched WI DWD and WI is not a taxable state - just says if employer pays, add to their wages and jury duty is not taxable...

D,

Not sure what you mean by "WI is not a taxable state".

But, I had a client in 2005 that received Military Differential Pay -- it was on a 1099-Misc and reported as Other Income on Form 1040 Line 21. I don't know if differential pay for jury duty would be similar...

Bill

[D Eckerman]

WI does not require an employer to pay for jury duty - per prior postings...

Not taxable was an incorrect way of putting it - sorry

D