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Reimbursement for salaried/exempt employee serving jury duty Nevada

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  • Reimbursement for salaried/exempt employee serving jury duty Nevada

    If I am an exempt salaried employee in Nevada and have been called for jury duty, am I entitled to my normal salary for the day(s) I serve?

    There is conflicting information. Nevada statutes (NRS 6.190) says I cannot be forced to take PTO nor should I be punished in any way for my jury summons. I cannot see any where where is says I am not entitled to my normal pay as an exempt employee. However, other non-official website say that Nevada business are not required to pay my daily salary.

    However, federal statutes state that I should be paid as per U.S. Dept. of Labor statute 29CFR541.602 which says (section 3b): "... an employer cannot make deductions from pay for absences of an exempt employee occasioned by jury duty..."

    My employer is balking at paying. Shouldn't federal statutes override any state statutes? Who is correct? Should I be paid or not?

    thanks

    A

  • #2
    We need to be clear that it is not an "either/or". Both federal and NV rules are equally in play. NV is not my state, and I have no opinion on any NV rule. I can answer your federal question.

    Under federal rules, salaries generally cannot be reduced for jury duty related absences. This is 541.602(b)(3) under the federal FLSA rules. However, this rule is talking about the non payment of salary only. Federal DOL is very clear that federal law has no interest in the PTO/vacation balance, so under federal law only, it is perfectly legal to do anything at all to the PTO/vacation balance. Based on what you have said, NV law could indeed override that.

    Past that, an argument could be made that the 602(b)(3) rule applies to partial weeks only, and that if we were talking about absences of an entire workweek, then 602(a) would be applicable (which does allow deductions for entire workweeks not worked). My FLSA law book says that the regulations are not specific on this point. I have no notes discussing a resolution on this point.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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