Leaves for Jury Duty

Under California law, employers must allow employees to take leave for certain reasons. For example, under the Family and Medical Leave Act, employees must be allowed to take time off if the employee or a family member suffers a serious medical problem. Employers are also required to grand military leave if they have been called to service. Another reason that employees must be granted leave is to serve on a jury. Some employers will resist allowing employees to take time off for jury duty. For example, the employer may strongly suggest that the employee find a way to get out of jury duty. However, if an employer fails to permit an employee to take time off for jury duty that employer would have broken the law and face serious consequences such as substantial fines and penalties. Furthermore, the employer may be ordered to compensate the employee. If you are in need of an employment lawyer because your employer did not permit you to take leave for jury duty, it is important that you immediately contact an experienced Los Angeles Leaves for Jury Duty Lawyer who will help you make sure your employer is held accountable for violating the law.

California Jury Duty Policy

Under California Labor Code §230(a), employers are required to provide leave to employees to serve as jurors or witnesses in court. While some employers voluntarily pay employees during the time they are serving on a jury, employers are not required to provide paid leave. However, under the Fair Labor Standards Act (FLSA), exempt employees who work any portion of a week in which they also take leave for jury duty must be paid for a full week. If employers do pay, they have the right to require employees to remit to them the fees received for jury service. Employees are allowed to use accrued vacation or paid time off time when taking leave for jury duty. Employers can require that employees needing to take jury leave provide reasonable advanced notice.

California’s jury duty leave law is enforced by the Division of Labor Standards Enforcement.

Consequences of Violating State Jury Duty Laws

There are several ways that an employer can violate the jury duty leave law, including:

• Denying an employee who gave reasonable notice leave for jury duty
• Terminating an employee for taking jury duty leave
• Disciplining an employee for taking jury duty leave

If an employer fails to allow an employee to take leave to serve on jury duty, or if an employer retaliates against an employee for serving on a jury, the employer will face consequences. In fact, an employer can be charged with a misdemeanor and face fines and penalties. In addition, the employer may be required to compensate the employee. For example, if an employee is terminated for taking jury duty leave, employer may be required to reinstate the employee and compensate him or her with back pay, lost wages, and benefits.

Los Angeles Leaves for Jury Duty Lawyer

If you are having difficulties taking time off from work to serve on a jury, it is important that you have guidance from an experienced employment lawyer. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.

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