California Employment Law
California Employment Law Questions Answered by Legal Experts
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).