What employers are required to pay
Federal law does not require employers to pay you for jury duty. The decision to pay jurors is left to individual states, and the rules vary widely. Some states require employers to pay full wages for a set number of days; others require partial payment; many require nothing at all.
Your state's law is what matters. If you live in California, for example, employers must pay employees their regular wages for the first five days of jury service. If you live in Texas, employers have no legal obligation to pay you at all. If you live in New York, employers must pay for the first three days. The amount, the number of days covered, and which employers are exempt all depend on where you work.
Even within states that require payment, there are often exceptions. Some states exempt very small employers (those with fewer than a certain number of employees). Some exempt certain industries. Some require payment only for the first appearance, not for ongoing service. You need to know your specific state's law to know what you are actually owed.
Key Takeaways
- Federal law does not require employers to pay for jury duty; your state law determines whether payment is mandatory.
- States that do require payment typically cover only the first few days of service, not the entire duration of a trial.
- Small employers and certain industries may be exempt from payment requirements even in states with jury duty pay laws.
- You should check your state's statute or ask your employer directly, because the rules differ significantly by location.
- If your employer refuses to pay when required by law, you may have grounds to file a complaint with your state's labor department.
How to find your state's specific rule
The fastest way is to contact your state court system directly. Most state court websites have a jury duty information page that lists what employers must pay. You can also call the clerk's office for the court where you have been summoned; they handle jury duty questions constantly and can tell you in one conversation what your state requires.
Your employer's human resources or payroll department may also know the rule, though they do not always. Some HR departments are familiar with jury duty pay laws; others are not. If you ask and they are unsure, do not assume they are right—verify it yourself through the court or your state's judicial website.
What happens if your employer refuses to pay when required
If your state requires payment and your employer refuses, you have options. The first step is to put the refusal in writing—send an email to your HR department or manager stating that you are owed jury duty pay under your state's law, and ask for payment by a specific date. Keep a copy for your records.
If the employer still refuses, you can file a complaint with your state's labor department or department of employment. Many states also allow you to sue in small claims court for unpaid wages. Some states have specific penalties for employers who retaliate against employees for serving on jury duty, so if you face discipline or termination after serving, that is a separate legal violation.
Before taking formal action, consider asking your employer to clarify the policy. Sometimes the refusal is based on a misunderstanding of the law rather than intentional violation. A conversation with HR, backed by the actual statute, often resolves the issue.
What the court pays you directly
Separate from what your employer pays, the court itself may pay you a small amount for jury service. This is not the same as employer payment. Court-paid jury duty compensation ranges from nothing to roughly $50 per day, depending on the state and the length of service. Some courts pay more for longer trials.
This court payment is typically issued after your service ends, either by check or direct deposit. It is not enough to live on, and it is not meant to replace your wages. It is a token payment to offset some of the cost of showing up. If your employer is required to pay your full wages, the court payment is in addition to that, not instead of it.
States with no employer payment requirement
Many states do not require employers to pay for jury duty at all. In these states, you lose your wages unless you have paid time off you can use, or unless your employer chooses to pay you voluntarily. States without mandatory employer payment include Texas, Florida, Georgia, and others. If you live in one of these states, your only compensation is what the court pays you directly.
This does not mean you can skip jury duty to avoid losing pay. Ignoring a summons can result in fines or contempt of court charges. If jury duty will cause genuine financial hardship, you can ask the court to postpone your service to a time that works better, or in some cases ask to be excused. But the solution is not to simply not show up.
How to prepare financially for jury duty
If you know you have been summoned and your state does not require employer payment, start planning now. If you have paid time off, check whether your employer allows you to use it for jury duty. Some do; some do not. Ask HR directly rather than assuming.
If you do not have paid time off or your employer will not allow it, consider whether you can reduce expenses during the service period, or whether you have savings to draw from. Some people ask their employer for a temporary advance on future pay, though employers are not required to grant this. If the financial hardship is severe, contact the court and explain the situation when you receive your summons. Courts have some flexibility to postpone service or excuse people in genuine hardship cases.
Retaliation and your legal protection
Even if your state does not require employers to pay for jury duty, employers cannot retaliate against you for serving. Retaliation includes firing you, demoting you, cutting your hours, or reducing your pay because you took time off for jury duty. This protection exists in all states and is enforced by federal law.
If you are fired or disciplined after jury service, document everything: the date of your service, the date of the adverse action, and any statements your employer made about jury duty. Report the retaliation to your state's labor department or to the federal Equal Employment Opportunity Commission (EEOC). You may also have grounds to sue for wrongful termination.
Frequently Asked Questions
Can my employer make me use vacation days for jury duty?
This depends on your state and your employment contract. Some states require employers to pay your regular wages without requiring you to use vacation time. Others allow employers to require you to use accrued paid time off. Check your state's law and your employee handbook. If there is a conflict, your state's jury duty statute typically takes priority.
What if I am self-employed or a contractor?
Self-employed people and independent contractors receive no employer payment because they have no employer. You may receive the court's small daily payment, but you lose income for every day you serve. Some self-employed people ask the court to postpone service to a slower business period, or request to be excused if the financial impact is severe.
Do I have to tell my employer I was summoned?
Yes. You must inform your employer that you have been summoned, and you should provide a copy of the summons. Hiding jury duty from your employer and then taking time off without explanation can be grounds for discipline. Being transparent protects you and gives your employer time to plan for your absence.
What if my trial lasts longer than the days my employer has to pay?
If your state requires payment for five days but the trial runs two weeks, you are paid for five days and receive nothing from your employer for the remaining days. You receive the court's daily payment for all days served. Some employers choose to continue paying beyond the legal requirement, but they are not required to.
Can I be fired for asking about jury duty pay?
No. Asking your employer about jury duty pay is not retaliation-protected activity in the same way that actually serving is, but employers cannot fire you simply for asking a question about your legal rights. If you are fired shortly after asking about jury duty pay, document the timing and report it to your state's labor department.