California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Valerie,Thank you very much for your questions this afternoon. I hope your weekend is going well.With regard to your first question, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that protects employees who take time off from their regular jobs for military service. The law does not require employers to pay the employees' wages while they are gone, but it does require employers to hold their jobs and to restore their position along with any promotions, raises, and other benefits they would have received had they worked through their time off. The law also prohibits employers from firing employees without cause for up to one year after they return from their military service.With regard to your second question, non-exempt employees need not be paid while on jury duty. Exempt employes paid a salary, on the other hand, must be paid unless their absence is for more than one full week, in which case a pro rata deduction can be made. (i.e., if they are paid every two weeks and they miss exactly one full week, they can be paid half their regular salary). Employees serving jury duty are typically paid a small per diem by the State, and employers can deduct this from the ordinary wages the salaried employees are paid during their absence. (i.e., if an employee misses three days for jury duty, they must be paid their regular salary, but if they are getting $30/day, you can deduct $90 from their pay.)As always, please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
If we had a company policy that states non-exempt get paid for jury duty,will that be breaking any laws? That is what I am doing is updating a handbook.