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What New York State Labor Law Says About Jury Duty

March 02, 2018

Written by Complete Payroll

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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.

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting, or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.

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