<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=690758617926394&amp;ev=PageView&amp;noscript=1">
The Complete Payroll Blog

What New York State labor law says about jury duty

Posted by Complete Payroll | Mar 2, 2018 7:00:00 AM

What New York State labor law says about jury duty - Complete Payroll.png

Jurors play a critical role in our country's democratic process. At the same time, many potential jurors claim that a loss of wages is a legitimate reason for why they wouldn't serve on a jury. The reality is both employers and employees need to make sacrifices when an employee is called for jury duty, so we decided to take a closer look at the New York State laws around jury duty.

For example, we recently got this question (which is fairly common, by the way)...

One of my employee's just got summoned for jury duty. I believe she is on call via telephone but either way, what are my responsibilities here? I know there is something, I'm just very vague on what.

Here's what New York State Labor Law says about employees being called for jury duty (and other types of leave for civic responsibilities)...

Jury Leave

Employers in New York cannot discharge an employee for taking jury leave if the employee gave notice before the start of their jury duty. Employers are generally not required to pay an employee for jury leave.

Employers with more than 10 employees may not withhold the first $40 of daily wages during the first three days of the employee’s jury duty.

Witness Leave

Employers in New York cannot take any adverse action against an employee for appearing as a witness in a criminal proceeding or exercising their rights under the family court act if the employee provided prior notice. An employer is not required to pay an employee for such leave.

Crime Victim Leave

If the employee provides prior notice of the need for crime victim leave, employers cannot take any adverse action against them for appearing as a witness, consulting with the district attorney, or exercising their rights as a crime victim. An employer is not required to pay an employee for crime-victim leave.

Voting Leave

Employers in New York must provide employees with leave to vote if the voting polls are not open for at least four consecutive hours before or after the employee’s shift. The leave must be as long as needed to allow the employee to vote and must be paid for up to two hours. The leave should be at the beginning or end of the employee’s work shift unless the employee and employer agree otherwise.

Employers must post a notice regarding employees’ voting leave rights at least 10 days before every election. Employees must provide between two and 10 days’ notice that they need voting leave.

We also found an interesting article on FindLaw about jury duty and an employee's right to pay.

If you want more information on jury duty and other labor law compliance issues, learn more about our HR Support Center by clicking the link below.

Learn more about Complete Payroll's very own HR Support Center.

Topics: Labor law, Employees

Written by Complete Payroll

We do payroll, HR, timekeeping and more for employers all over the country from a small, rural town in Upstate New York. And we're constantly publishing articles and other resources to help business owners, HR managers or anyone that helps manage a workforce. Welcome to Payroll Country!

Are you using our free resources?

We're constantly publishing free tools to help with payroll, HR and other administrative objectives.

New call-to-action
New Call-to-action

Subscribe to instant blog email notifications

Recent Posts

General Disclaimer

The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue.