Most employers must pay you for jury duty, but the court does not

The court itself pays little or nothing — usually between $15 and $50 per day, depending on your state and how long the trial lasts. The real money, if you get it, comes from your employer. Federal law and most state laws require employers with 50 or more workers to pay your regular wages while you serve, at least for the first few days or weeks.

The catch is that this protection applies mainly to salaried employees and hourly workers at larger companies. Self-employed people, gig workers, and employees at very small businesses often receive no compensation beyond the court's small daily fee. Some states add a second payment after a certain number of days, but it remains modest.

Key Takeaways

  • Courts pay $15 to $50 per day on average, but this varies by state and trial length.
  • Your employer must pay your regular wages if you work for a company with 50 or more employees and your state has an employer-pay law.
  • Self-employed people and employees at small businesses typically receive only the court's daily fee, not their regular income.
  • You must tell your employer about jury duty as soon as you receive the summons, and most employers cannot fire or punish you for serving.
  • Some trials last one day; others last weeks or months, so the total compensation depends heavily on how long you are needed.

What the court pays you directly

The state or federal court handling your case pays a small daily fee for your time. This amount varies widely. Some states pay $15 per day for the first few days, then increase it to $25 or $50 after that. Others pay a flat rate. A few states pay nothing at all for the first day, then start paying on day two.

The court mails this payment to you weeks or months after the trial ends — it is not handed to you on the last day. You will receive a check or, in some courts, a direct deposit. If you are on a long trial, the court may pay you periodically rather than waiting until the end.

This court payment is separate from anything your employer provides. It is also usually not enough to cover your lost income, which is why employer payment matters so much.

When your employer must pay you

Federal employees are paid their full salary by the government while on jury duty, with no limit on how long the trial lasts. This is a straightforward rule with no exceptions.

Private employees at large companies are protected by state laws in most places. If your employer has 50 or more workers and your state has an employer-pay law, your company must pay your regular wages. The protection usually covers the first 5 to 10 days of jury duty, though some states cover longer. After that period, the employer's obligation typically ends, and you receive only the court's daily fee.

To use this protection, you must give your employer the jury summons as soon as you receive it. Keep a copy for your records. Your employer cannot legally fire you, dock your pay, or threaten you for serving on a jury, even if the trial runs longer than the state's required payment period.

Who does not receive employer pay

Self-employed people and business owners receive no employer payment because they have no employer. You get only the court's daily fee, which rarely covers your lost business income. Many self-employed people ask the court for a hardship exemption when summoned, and courts often grant it.

Employees at companies with fewer than 50 workers are not covered by federal employer-pay law. Some states have their own rules for small businesses, but many do not. Check your state's court website or call the court clerk to learn what applies where you live.

Gig workers and contract workers typically fall outside employer-pay protections because they are not employees. You receive only the court's fee. Some gig platforms have internal policies about jury duty, so check your app or account settings or contact support.

How long the trial lasts affects your total pay

A one-day trial means one court payment and one day of employer pay (if you may have access to). A two-week trial means 10 court payments plus 10 days of employer wages, then only court fees for the remaining days if your state's protection expires.

You will not know the trial length when you are summoned. The judge and lawyers estimate it during jury selection, but trials often run longer than expected. If you are selected, ask the judge or court staff for an estimate so you can plan.

If a trial extends beyond your employer's required payment period, you will drop to the court's daily fee alone. This is a real financial hit for many people, which is why some courts allow hardship requests partway through a trial if your circumstances change.

Requesting a hardship exemption or postponement

If jury duty would cause serious financial hardship — because you are self-employed, your employer does not pay, or you are the sole earner in your household — you can request an exemption or postponement when you receive the summons. Courts grant these requests regularly, especially for long trials.

Write a brief letter explaining your situation and mail it with your summons response, or call the court clerk to ask how to submit it. Be specific: "I am self-employed and have no income if I do not work" is stronger than "I cannot afford to miss work." Include any documents that support your claim, such as a business license or a letter from your employer confirming you are not paid during jury duty.

The court may exempt you entirely, postpone your service to a better time, or ask you to serve a shorter trial. You will receive a response by mail within a few weeks.

What happens if your employer retaliates

It is illegal for your employer to fire you, reduce your hours, cut your pay, or otherwise punish you for serving on a jury. This protection exists in all 50 states and applies to federal employees as well.

If your employer retaliates after you serve, document everything: dates, what was said, any written communications, and how your pay or schedule changed. Report it to your state's labor department or file a complaint with the Equal Employment Opportunity Commission (EEOC) if your employer has 15 or more workers. You may also have grounds for a wrongful termination lawsuit.

Keep a copy of your jury summons and any court documents showing your service dates. These prove you were on jury duty when the retaliation occurred.

Frequently Asked Questions

Do I have to report jury pay as income on my taxes?

Yes. The court payment is taxable income and will be reported to the IRS. Your employer's payment is not separate income — it is your regular wage. Keep the 1099 form the court sends you and report the jury fee on your tax return.

What if I am on disability or unemployment and get called for jury duty?

Serving on jury duty does not automatically disqualify you from benefits, but it may affect your payments depending on your state's rules. Contact your benefits administrator before you serve to ask how jury duty is treated. Some states pause benefits during service; others do not.

Can I be excused from jury duty because I cannot afford to lose income?

Yes, you can request an exemption or postponement based on financial hardship. Courts hear these requests regularly and often grant them, especially if you are self-employed or your employer does not pay. Submit your request in writing when you respond to the summons.

Do I get paid if I am dismissed during jury selection?

Usually not. If you are dismissed before the trial begins, you typically receive no payment from the court or your employer. Some courts pay a small fee for the day you appeared, but this varies by state. Call the court clerk to ask what your state provides.

What if the trial lasts longer than my employer's required payment period?

After your employer's obligation ends, you receive only the court's daily fee for the remaining days. If this creates a hardship, you can ask the judge to excuse you from the rest of the trial, though judges rarely grant this once a trial is underway.