October
2005 HR QUESTION OF THE MONTH
Q.
How should I pay an exempt white-collar employee who is on
jury duty?
A. In
New York State, section 519 of the New York State Judiciary
law establishes the requirement that employers allow employees
to serve as jurors, and for employers of 10 or more employees,
to pay them the first $40 of wages for the first three days
of jury service.
Under the federal Fair Labor Standards Act, an exempt employee
who works any time in a workweek, including a week where
an employee attends jury duty for part of the week, is entitled
to a full week of pay.
If the exempt employee has a full week of jury duty and
performs no work for the employer, then the exempt employee
is not entitled to any pay from the employer except as cited
about under NYS law.
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