Jury duty may be something that most people dread, but it is an obligation many adults must participate in. Refusing to participate in jury duty without having an acceptable reason not to is illegal. Understandably, participating in jury duty can create financial hardship for many working people. It is important to understand whether or not an employer has to pay for the time an employee takes to participate in jury duty.
Under California law, California employers are not obligated to compensate employees for time spent serving on jury duty, as per the California Courts website. Nonetheless, certain employers may have jury-leave policies in place that offer payment to employees for their time spent in court.
Understanding Jury Duty in California
What is jury duty, and why is it a civic duty?
Jury duty is more than just a legal obligation; it is a civic duty that allows citizens to actively participate in the judicial process. In California, serving on a jury is a fundamental right and a cornerstone of democracy. By participating in jury duty, citizens help ensure that justice is administered fairly and that the rights of individuals are protected. This civic responsibility is essential to the functioning of the judicial system, and the state of California takes it very seriously. Serving on a jury not only supports the legal system but also reinforces the principles of fairness and equality that underpin our society.
Who is eligible to serve on a jury in California?
Eligibility to serve on a jury in California is determined by several criteria. To be eligible, an individual must be a U.S. citizen, a resident of California, at least 18 years old, and able to read, write, and understand English. Additionally, individuals who have been convicted of a felony are not eligible to serve on a jury unless their civil rights have been restored. Certain exemptions apply, such as for individuals who are 70 years or older with a physical or mental disability or impairment and for members of the military or clergy. These criteria ensure that those serving on a jury can effectively contribute to the judicial process.
How long can I expect to serve on a jury in California?
The duration of jury service in California can vary widely depending on the case and the court’s schedule. Generally, jury service can last from a few days to several weeks or even months. Under California’s “One Day/One Trial” program, jurors are typically required to serve for either one day or the duration of one trial, whichever is shorter. However, in more complex or high-profile cases, jurors may be required to serve for extended periods. This program aims to minimize the disruption to jurors’ lives while ensuring that the judicial process is adequately supported.
Can an Employer Keep You From Participating in Jury Duty?
It is illegal for employers to threaten or intimidate employees to keep them from participating in jury duty. While laws vary from state to state, employers in California should not engage in any of the following practices concerning jury duty:
- Threaten to take away the health benefits of an employee who participates in jury duty.
- Threaten to terminate an employee for participating in jury duty.
- Threaten to dock the pay if an employee for participating in jury duty.
- Demote an employee because they participated in jury duty.
- Take any kind of retaliatory action against an employee for participating in jury duty.
Additionally, federal law protects employees from any negative employment actions related to their jury service.
Jury duty laws also extend to an employee who is called to serve as a witness in a trial. Every employee in the state of California is eligible for jury duty leave.
What Does California Law Say About California Employers Paying Employees Who Serve on Jury Duty?
California law does not require employers to pay employees for any lost wages due to a jury duty summons. However, employees do have the option of using any vacation hours, paid time off, sick leave, or any other personal time to participate in their jury duty. Employers cannot legally keep an employee from using these various options. However, certain mandates around pay may be applicable if stipulated by a contract or collective bargaining agreement.
It should be noted that employees are required to give a reasonable notice to their employer before the time they are to serve jury duty. This gives the employer time to make reasonable accommodations for the absence of the employee. This should not be a problem because courts usually send out jury duty summons well in advance of the court date.
Jury Duty Pay and Compensation
Do I get paid for jury duty in California? If so, who pays?
In California, jurors receive a daily stipend of $15 starting from the second day of service. Additionally, jurors are reimbursed for mileage and other expenses related to their jury duty. While California law does not require employers to pay employees for time missed due to jury duty, many employers choose to offer this as a benefit. Importantly, employers are prohibited from firing or discriminating against employees who serve on a jury. Employees are entitled to take time off from work to fulfill their jury duty obligations without fear of reprisal. This ensures that individuals can participate in the jury system without undue financial or professional hardship.
Will an Employee Be Hurt Financially Due to Jury Duty?
Jurors in California get paid for their time when they serve, but this is only $15 per day, and this $15 only begins on the second day that they serve. This is an incredibly low amount of money and can put those living paycheck-to-paycheck in financial jeopardy. Even those not living paycheck-to-paycheck could be hurt financially if they are required to serve on a jury for longer periods of time. Hourly employees, who are paid hourly may find the $15 per day stipend insufficient to cover their usual earnings.
What Are the Legal Options for Jury Duty Leave Violations?
If you have been discharged or in any way discriminated against by your employer for participating in jury duty in California, you have options. Employers can face serious penalties for threatening an employee for taking time off for jury duty. Under California labor law, an employer can face a misdemeanor charge and possible criminal prosecution. Legal actions can be initiated in the Superior Court to address any violations of jury duty leave rights.
Employees could file a lawsuit against their employer or file a complaint with the California Department of Industrial Relations. If an employee chooses to file a lawsuit with the assistance of an Orange County employment lawyer, they can seek both economic and non-economic damages from their employer. This can include:
- Lost wages due to demotion, raise denial, or termination
- Reinstatement to the job
- Emotional distress due to mistreatment
- Increased stress and anxiety in the workplace
- Loss of enjoyment of work
- Damages true professional reputation
Find a skilled attorney who can review your case today. It is vital that you are treated fairly throughout this process.
Callahan & Blaine: Protecting Your Rights During Jury Duty
Participating in jury duty is a fundamental civic duty, but it should never come at the cost of your financial or professional well-being. At Callahan & Blaine, we understand the challenges that can arise when fulfilling your obligation to serve. If you experience any form of retaliation or discrimination from your employer related to jury duty, our experienced team is here to protect your rights and pursue justice.
We have over 40 years of experience in handling complex legal disputes, including employment-related cases. Our trial lawyers have a proven track record of holding employers accountable when they violate the law. Let us guide you through the legal process to ensure you receive fair treatment. Call us at (714) 241-4444 or fill out our contact form for more information on how we can help.
