Pay for time off/FLSA requirements. The FLSA does not require employers to pay nonexempt salaried employees or hourly employees while on leave for jury service. Exempt employees who are absent from work for part of a workweek to perform jury service should be paid their full salaries, otherwise their exempt status is put at risk under the Fair Labor Standards Act (FLSA). Under the FLSA, exempt employees must be paid their full salary for any workweek in which they perform any work, unless a deduction in pay is specifically provided for. There is no provision that allows for docking exempt employees' pay when they are absent due to jury duty. However, the employer may deduct from the salary any jury duty fees that the employee receives from the court. The FLSA does not require payment when the exempt employee is absent for one or more full weeks during which no work is performed.

A handful of state laws require employers to pay employees while on jury duty. Please see the state Jury Duty/Court Appearance section.

General pay practices. Although not required to do so, most employers pay all employees, regardless of FLSA status, while on jury duty. According to BLR's Survey of Employee Benefits, more than 90 percent of employers nationwide offer paid leave for jury duty. The federal courts pay jurors a small fee, and many employers pay only the difference between the jury duty pay and the employee's basic wage or salary. When paying the difference, it may be easiest to continue employees' regular paychecks and have them endorse their jury duty checks over to the company.