Jury duty service is very important in enhancing democracy in America. As such, California’s jury leave law which is derived from the Labor Code section 230 recognizes employees’ freedom to engage in jury duty. Jury duty is a process where citizens act as witnesses in a court of law upon receiving summon papers. In most instances, employees are reluctant to serve on a jury due to fear of lack of compensation by their employers. It is, therefore, necessary for employers to create jury duty leave policies that motivate employees to participate in jury service.

In relation to jury duty leave laws in the workplace, there are some Frequently Asked Questions (FAQs). The questions are as follows:

Is it obligatory to pay an employee attending jury duty?

The law does not compel employers to pay employees attending jury service. However, some employers have formulated jury duty leave policies that guarantee employee compensation for their service. In organizations where there are no such policies, the employee does not receive compensation.

Do I commit an offense by communicating with my employee in the course of a trial?

It is not an offense to communicate with your employee as long as it is during the trial recess. However, it is an offense to discuss details of a trial with the employee.

Do I have the mandate to verify that my employees will attend jury service?

It is your right as an employer to request your employees to furnish you with the necessary documentation-notice of proceedings, a court order- that confirms they will be attending jury service.

When should I withhold compensation for my exempt employees on a jury?

An employer is required to pay exempt employees for the total days worked. Even so, an employer can withhold compensation if jury duty deprives the employees of their ability to execute tasks for the entire jury service week.

Is there any chance that I can be compelled to pay my nonexempt employees?

There are instances where an employer may be compelled by a contract or union agreement to pay nonexempt employees.

Do courts compensate employers who compensate employees for jury service?

Unfortunately, courts do not compensate employers. If an employer compensates an employee for attending jury duty, the employee ought to refund the juror’s fees to the employer.

To wrap up, it is key for employers to enact jury duty leave guidelines that are fair to employees. This should be done since jury service is part of employees’ duty as citizens to influence the legal process. With respect to employees who hardly understand about jury duty leave laws, it is wise to consult legal experts in California labor laws to get more insights these laws.

Photo Credit: Shutterstock/BCFC

The post Jury Duty Leave Laws in California in the Workplace appeared first on UELG.

Jury duty is often dreaded by employees due to the frequent negative interaction it can cause employers that are not familiar with the law. The desire for employers to operate in a normal fashion can leave the employee at odds with the jurisdiction that has legally summoned their presence. Below is a look at jury duty leave laws and how to avoid confusion in what is required of employers.

Requirements of Jury Duty Leave Law in California

Employers are legally responsible to provide the time needed for employees to answer to a summons for jury duty and partake in this civic duty without encumbrance, harassment or threat of being fired. Any breach of this can bring about misdemeanor charges and fines. Employers are not required to reimburse an employee for lost time resulting from jury duty unless they are paid a set salary. The employer will be required to pay the employee the same weekly amount regardless under the Fair Labor Standards Act.

Benefits of Encouraging Civic Duty Participation 

Every business should have a policy in place to handle jury duty. It is better to be upfront and clear with employees as to what your expectations are and what you are willing to reimburse. It will also serve to put an employee on notice that they need to let you know as early as possible so that you can make arrangements for their absence.

Will I Be Reimbursed For Compensating Employees For Jury Duty? 

Many employers opt to compensate employees for serving on a jury, even though it is not required. This is something that any employee can appreciate and will help cultivate company loyalty, but there is rarely an instance when you will receive reimbursement. The employee is required to reimburse you for any funds they have received for jury duty if you compensate their pay, but the courts will not offer any reimbursement to employers.

Can Employees Postpone Jury Duty For A Better Time? 

There are seasonal industries that the courts will help accommodate by allowing an employee to postpone jury duty for as long as six months. The employee will have the option of choosing the new, more agreeable date.

What If My Company Cannot Afford To Be Without The Employee? 

The courts do understand that it is difficult to run operations with missing critical employees, but they expect that arrangements can be made to be without them for one to seven days, or the duration of their jury duty deployment.

Can I Contact An Employee During Jury Duty? 

There is no reason that an employee and employer cannot remain in communication during the jury duty process. The only requirements are that the employee cannot discuss the trial with an employer.

What If My Employee Is Released After A Half-Day? 

If the employee contacts you and they have not spent the entire day in jury service, you can request that they finish the day at the job site. As long as it is practical for the employer to make it to the business in a reasonable time you can ask them to work the remainder of the day.

You can feel good about helping serve your community by allowing all employees to take jury duty leave when needed. This is an easy way to help ensure the court system is operating smoothly and that everyone has the opportunity to have their voice heard by a jury of their peers.

Photo Credit: Shutterstock/Henryk Sadura

The post Facts for Employers Regarding Jury Duty Leave in California  appeared first on UELG.