Benefits & Compensation
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
What is the norm with respect to paying, or not paying wages to part time employees on jury duty?
posted at 10/15/2010 9:04 AM EDT
If she is exempt and works any part of the week, it is my understanding you have to pay her full salary.
"In addition to meeting certain duties tests, to qualify for exemption under the Regulations, Part 541, generally an employee must be paid at a rate of not less than $455 per week on a salary basis. As a general rule, if the exempt employee performs any work during the workweek, he or she must be paid the full salary amount. An employer may not make deductions from an exempt employee's pay for absences caused by the employer or by the operating requirements of the business. If the exempt employee is ready, willing and able to work, deductions from the exempt employee's pay may not be made when no work is available.
An employer cannot make deductions for absences of an exempt employee due to jury duty, serving as a witness or military leave. The employer may offset any amount received by an exempt employee as jury fees; witness fees or temporary military pay for a particular week against the salary due for that particular week. The employee need not be paid for any workweek during which he or she performs no work; for example, when an employee is on temporary leave for military duty for the entire workweek."