Sense with Cents

I was recently called to serve on a jury. While on lunch break, I overheard a fellow juror who had to call their employer every single day just to explain why they weren’t at work. It was not a pleasant situation to witness. They were uncomfortable, clearly dreading the call, and doing their best to apologize for fulfilling a civic obligation. I wanted to pull that employer aside and explain how their attitude was making their business look — but doing so would have embarrassed the employee, and possibly made things worse for them at work.

Jury duty is an inconvenience for scheduling. There is no getting around that. But it is also a cornerstone of the justice system, and your employee didn’t choose it. Be proud of supporting them through it.

From a payroll perspective, if you elect to pay your employee while they serve, handle it correctly. Jury duty pay is not pay for hours worked — treat it more like a discretionary bonus. Because it is not tied to hours worked, it is not likely subject to overtime calculations under the Regular Rate of Pay rules. It is also not likely subject to workers’ compensation reporting. Check your state’s specific rules, but those are the general principles.

Every employer handles jury duty pay differently. Some pay the full day, some pay a percentage of the usual day’s pay, and some don’t pay at all — leaving the employee to use whatever leave they have available. Most employers require proof of service. Our bailiff offered a dated slip every day, which covers that easily. Some employers rely on the court’s pay receipt instead, but be aware that juror pay rules vary by area — in our area, jurors don’t receive pay until their second day of service, so a first-day receipt wouldn’t show anything. Know your local rules before deciding how to handle it.

Being empaneled on a jury says something real about a person. To serve, you must be found acceptable to both sides — not objectionable to the plaintiff, not objectionable to the defendant. The judge has also weighed in as the overall arbiter of your ability to be impartial. Together, they have determined you to be a reasonable and impartial person, capable of setting aside your own experiences and deciding solely on the testimony and evidence presented. The person has also set aside their normal life to give time to their community — sometimes a solemn task, with very limited information to go on. And yes, that includes being able to ignore the attorneys — as the judge will point out, attorney openings, closings, and questions are not evidence and are not to be considered at all during deliberations. That type of person is the mark of someone you would want in your employ.

Your employee will remember how you treated them. So will everyone else who was watching or listening.