<img height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=1903855569843826&amp;ev=PageView&amp;noscript=1">

Do I Pay my Nanny if She Is Called for Jury Duty?

Posted by HomeWork Solutions on Oct 8, 2019 3:50:00 PM
Find me on:

Nanny Jury DutyJury duty: some people dread getting called, others welcome the chance to do their civic duty and experience a bit of change of pace from their regular workday. However, when your household employee gets called to jury duty, it can be a strain on your home, and you may need to adjust schedules in order to cover your employee’s absence. When it comes to payment, you might be wondering if they need to be paid while they are on jury duty. Here are the details you should know.

The Fair Labor Standards Act (FLSA) states that employers do not need to pay employees for the time that they aren’t working, including when they are on jury duty. You aren’t required to provide jury duty pay unless your state law says you need to. Some states have developed jury duty compensation laws that are stricter than the federal, law, so if you do you have one of these laws, you are required to follow them.  Depending on what state you live in, you may be required to pay your employee their regular rate while on leave, or just partial wages. If you don’t, you could end up paying a penalty fee or may be required to back payments to make up for the missing wages.

Above and beyond the letter of the law, there is the Golden Rule. Jury duty compensation is notoriously stingy, and many household employees will suffer financial hardship if they lose their regular pay. Do consider the relationship you have with this individual, and realize it was not their idea to win the jury duty lottery!

Here are the laws for jury duty compensation for each state. It is important to make sure you check with your state for accuracy and determine if there are additional jury duty leave laws that need to be applied.

STATE

PAY FOR JURY DUTY?

Alabama

Yes - regular pay for full-time employees

Alaska

No

Arizona

No

Arkansas

No

California

No

Colorado

Yes, regular wages up to $50 per day for first three days of jury duty. Pay more if wanted.

Connecticut

Yes, regular wages for the first five days for full time employees. 

Delaware

No

District of Columbia

Yes, regular pay for the first five days for full time employees, minus compensation for jury service.

Florida

No

Georgia

Yes, regular pay for full-time employees, minus compensation for jury service. 

Hawaii

No

Idaho

No

Illinois

No

Iowa

No

Kansas

No

Kentucky

No

Louisiana

Yes, regular pay for one day.

Maine

No

Maryland

No

Massachusetts

Yes, regular wages for 3 days.

Michigan

No

Minnesota

No

Mississippi

No

Missouri

No

Montana

No

Nebraska

No

Nevada

No

New Hampshire

No

New Jersey

No

New Mexico

No

New York

Yes, for employers with more than 10 employees. Required to pay the first $40 of wages for the first 3 days.

North Carolina

No

North Dakota

No

Ohio

No

Oklahoma

No

Oregon

No

Pennsylvania

No

Rhode Island

No

South Carolina

No

South Dakota

No

Tennessee

Yes, regular wages minus compensation for jury service. Not required to pay temporary employees or those that have worked less than 6 months. Not required to pay wages if there are less than 5 employees.

Texas

No

Utah

No

Vermont

No

Virginia

No

Washington

No

West Virginia

No

Wisconsin

No

Wyoming

No

This listing is believed to be complete as of date of publication; please research your state and locality rules independently.

Topics: nanny, agency, senior, CPA

Real Human Beings Are Standing By

Complete the form below and one of our payroll experts will reach out to you ASAP. You may also call 1-877-899-3004 to speak with our team immediately.


Subscribe to Email Updates

Recent Posts

Posts by Topic

see all