jury duty leave Archives - UELG https://www.california-labor-law-attorney.com/category/jury-duty-leave/ California Labor Law Attorney Mon, 04 Nov 2019 06:03:48 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg jury duty leave Archives - UELG https://www.california-labor-law-attorney.com/category/jury-duty-leave/ 32 32 Jury Duty Leave in California https://www.california-labor-law-attorney.com/jury-duty-leave-in-california/ Mon, 04 Nov 2019 06:03:48 +0000 https://www.californialaborlaw.info/?p=413 Jury duty leave provides a paid or unpaid absence from work when an employee is expected to report for any […]

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Front of a courthouse

Jury duty leave provides a paid or unpaid absence from work when an employee is expected to report for any jury duty. The law mandates the availability of the jury duty. Thus, employers in California are required by the law to provide an employee with time off from work to perform their civic duty.
When summons to jury duty happens at a time when the employer experiences a significant impact from the loss of the employee, the employer might write a letter to the court. Therefore, the court will then consider both the employee and the employer’s request concerning the postponed jury duty on a case by case basis.

What are the pros?
• It is a judgment that is acceptable to the general public
• The policy plan always protect Jurors
• It provides certainty on the outcome of the jury trial irrespective of decision from the verdict.
What are the cons?
• Lengthy trials tend to create hasty verdicts.
• Most of the juries are not just selected randomly.
• In most cases, jurors lack the solid background in law.

What are Frequency Asked Questions about Jury Duty Leave in California?
1. How can I earn my vacation?
Paid leave in California is a form of wage earned when labor is done. Employer’s leave plan tend to provide earning of vacation benefits on a daily, weekly, pay period, or other period bases.
2. Can my employer tell me when I can take my leave?
Yes, the employer has a legal mandate to manage vacation pay responsibilities. Thus, this can be done by controlling the time of vacation and the amount of leave taken at any given time.
3. Leaves are only meant for full-time employees, is this legal?
Yes, it’s legal. The policy is very clear-if employer’s vacation plan excludes some classes of employees like temporary, part-time, probationary, casual among others, then such a provision is considered valid governed by the agreement.
4. One will lose the unused balance of the annual vacation entitlement when the year ends. Is this legal?
No, such employer’s provision isn’t legal. Vacation pay in California is a form of wage that vests while it is earned. So an employee is invested with rights regarding wages. So losing such balance is an illegal policy under the California law and similarly not recognized by the Labor Commissioner.

Conclusion
With genuine reasons, the employer’s leave plan may be difficult to be understood by the ordinary person. However, that should not prevent someone from benefiting from it because some experienced attorneys can offer help. so in case of an opportunity, contact UELG (united employees law group) for precise and clear guidance about the leave policies and the procedure of the whole process.

 

 

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Jury Duty – What You Can Expect When You Are Called  https://www.california-labor-law-attorney.com/jury-duty-can-expect-called/ Mon, 14 Jan 2008 07:03:18 +0000 https://www.californialaborlaw.info/?p=1040 Law protects employees from being punished or fired by employers for taking leave of work to serve jury duty. Employers […]

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Law protects employees from being punished or fired by employers for taking leave of work to serve jury duty. Employers are also restricted from trying to discourage or intimidate employees from serving on a jury. They are allowed to require proof from employees that there was called in for jury duty before they are allowed time off work.

Jury Selection Process

Whether or not the juror knows any of the defendants, witnesses, victims, experts or investigators in the case or if you happen to have any particular knowledge about the case not publicly known.

After these questions are asked and answered, the jury pool is whittled down. The next step is the judge and attorneys for both sides of the case will decide upon the first twelve jurors who satisfy their requirements.

If necessary, the court may decide it is prudent to select some alternates. These back-ups are treated like jurors and listen to all the evidence presented in the case. They do not participate in the actual deliberations unless something prevents one of the original jurors from completing their duty.

Once the jurors are selected, the judge will explain what is expected of them. The judge will probably go over housekeeping items such as if the juror needs a break during the trial, what they can bring into the jury box, how long they have for lunch and what time they are to report each day.
How Long Are Trials?
Most local trials only last a day. Some jurisdictions have made the determination that if you are placed on a jury during the time you are “on call” you have satisfied your commitment and are released from coming back for a period.

During the actual trial, you’ll sit in a designated box and are expected to listen to all the testimony before forming an opinion. Some jurisdictions allow note taking, put provide you the notebooks and pencils as you are entering and leaving the courtroom and collect them as you leave. Some jurisdictions are concerned that people won’t pay close attention and have disallowed note taking.
Who Gives The Jury’s Decision
A foreperson is either determined by the court or elected by the other jurors. This person is the voice of the entire jury and will be responsible for communicating to the court via the bailiff if they can’t hear the testimony, can’t see the visual evidence, it’s too warm or cool, they need a break, etc.

The foreman is also responsible for passing along any information from the court to the jurors. For example, making sure everyone as signed the attendance form and fill out the necessary paperwork to receive their daily stipend.
Is There Any Downtime?
The jury only hears testimony and attorney comments which the judge deems appropriate to the case at hand. Any other information which the judge feels will be prejudicial to the defendant will be discussed while the jury is outside the courtroom. These periods can be short or long depending upon what is discussed.

This is an opportunity for jurors to talk among themselves about anything not related to the case. This is also a good time for a juror to read the paper or book, balance a checkbook, set up doctor’s appointments, etc.

While jury duty can be inconvenient, it can also be a wonderful educational experience in how the judicial system works.


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