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Jury Duty Pay - Massachusetts

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  • Jury Duty Pay - Massachusetts

    We have a non-exempt part time employee that works evenings only (4:30 - 7:30) that has been called for Jury Duty @ 8:00 am on one of the evenings they are scheduled. They have asked for the evening off. Are we obligated to pay the employee like we would for an employee whose hours were 8-5 ?

  • #2
    No, he's not missing any work.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Agree, as long as the employee doesn't miss any work.
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      • #4
        I know - that is the sticky part. What if she gets out of Jury Duty at 5:00 so wouldn't be here till 6:00. But has requested the night off (which is fine with us) so do I pay her for the night or for the potential missed time of 1.5 hours? But we all know that most times you are let go much earlier than that, but there is no way for us to know for sure. The certification from the court will just say the number of days.

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        • #5
          Boy, that's a hard one. I've been on jury duty a few times, and was NEVER held through the end of the day unless I was on a case.

          I guess you could err on the side of caution and pay her the missed time plus any estimated "commute" time as jury duty pay. There is no way you could know what time she was released, except say maybe "you are required to report to work at your regularly scheduled time or as soon as practicable after your release, whichever is later". Matter of trust and honesty, I guess.

          Is she the one asking? Just curious.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            She completed our time off request form and put the day in the paid column with a ? next to it. Processing form now trying to decide which way to go. When she submitted the form to her manager she was told that either the Mgr or I would let her know whether paid or unpaid.

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            • #7
              MA is cbg's state, she should be here soon.

              I'd be tempted to pay just the half-hour. But there is no legal basis for that one way or the other. Just my gut feeling.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                As Patty mentions, MA is my state. And as it happens, I was called to jury duty only last month. AND, my second job is a night job.

                The following appears in the Juror's Handbook.

                Q. I work a Night Shift. What is considered to be my first day of juror service?

                A. A juror's primary obligation is to perform juror service. A juror must be free of compulsory non-jury work assignments insofar as any such assignments might interfere with the juror's availability, effectiveness, or peace of mind. Applying these principles to night shifts, a juror shall not be required to work beyond midnight on the day preceding the first day of juror service. In addition, a juror shall not be required to work a night shift during the term of juror service.
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                Q. Will my employer pay me while I am serving on a jury?

                A. The law requires that each regularly employed juror shall be paid regular wages by the employer for the first three days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment. If you are on the jury for more than the three days, the state will pay you $50 per day after the third day. Many employers as a public service or under union contract will compensate an employee even after the third day so that the employee will not suffer financial loss because of juror service.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Thanks CBG - that sounds like I should pay her. Did you only serve one day, and did your PT job pay you?

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                  • #10
                    I only served one day, and as it happened I was not scheduled to work the day I had jury duty, so I did not have to be paid. However, I agree that in this situation, you will need to pay her.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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