Can juror be fired for missing work?
Most states do protect workers, but laws vary
Johnny C. Taylor Jr., a human-resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest HR professional society.
The questions are submitted by readers, and Taylor’s answers below have been edited for length and clarity.
Question: What is a company’s responsibility for providing time off for jury duty? Can I be fired for missing work to serve on a jury? – Anonymous
Johnny C. Taylor Jr.: Employees have the right under federal and state law to take a leave of absence to serve as a juror.
You’ve probably heard people grumbling about trying to get out of jury duty. But, as anyone who has served knows, jurors play a vital role in our legal system. Because of the role’s importance, the right to serve as a juror is protected.
Most states prohibit an employer from terminating – or even threatening to terminate – an employee for serving on a jury.
At the end of their jury service, employees must be reinstated to their position. Employers that don’t comply with state laws can be subject to fines and penalties.
For their part, employees in some states may have to show proof of a jury summons before taking time off.
To ensure that the responsibilities of employers and employees is clear, most employers have a jury duty policy that outlines whether leave will be paid, how much notice is required before taking time off and how the company handles requests from those with nontraditional work schedules.
This civic duty comes with modest
pay from the courts, which is generally $10 to $60 a day. Federal law does not require employers to pay workers for time off to serve on a jury, but some state laws require at least partial pay by employers. Keep in mind, however, that jury duty laws vary by state.
The federal Fair Labor Standards Act does not require that nonexempt (generally hourly) employees be paid for time not worked, including while serving jury duty. Rules for exempt (salaried) employees are different: Employers may not deduct pay because of jury duty absences unless an employee did not work the entire week.
Q: My boss has made the reading of a book a requirement as part of our metrics for the quarter. I am expected to read it on my own time. I am salaried and do not get paid overtime. Does the company owe me comp time for this? Please let me know what the company’s obligation is. – Anonymous
Taylor: Before answering your question, let me say that you should consider yourself lucky to have a leader who wants to infuse employees with new business ideas and perspectives. It’s a good way for leaders to get employees on the same page as the company moves forward.
As a salaried worker who does not earn overtime pay, you are likely an exempt employee.
Under FLSA, exempt employees are usually paid a fixed weekly salary, and there is no limit to the number of hours they may be required to work.
However, many managers try to limit excessive work hours for exempt employees so they don’t become dissatisfied or burned out or leave the company.
When an employee is nonexempt (generally hourly), an employer must pay the employees for all hours worked, even time spent for required reading, regardless of whether the work time was outside normal work hours.
Here’s the bottom line: Unless you
have an employment contract stating otherwise, your employer can require you – as a salaried, exempt employee – to read a book outside normal work hours, and it does not have to provide comp time or additional compensation for doing so.
If you are concerned about your ability to read the book in the time allotted, speak with your boss.
With that question settled, I encourage you to consider this assignment professional development. The book may provide you additional insight into your work, performance or department accomplishments.
And if all members of your team are reading the book, consider it something of a workplace book club. You and your co-workers might want to discuss the book and consider the following:
Do the ideas in the book make you rethink how you do your job? What are you doing that’s already effective? Are there new principles or practices that could be incorporated into your work?