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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37639
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Wondering if California has a law regarding night shift workers

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Wondering if California has a law regarding night shift workers and Jury Duty. If I am summoned for one day, I can't work the night before (get off at 730am), and if I were to be asked to appear that day, can't go to work that evening (630pm). Is there any language on this?
Good afternoon,

I'm very sorry to hear of your situation.

You can not be disciplined or retaliated against by the employer in any manner if you need time off from work for jury duty. If you work a night shift, then you may take the night off before any day you actually have to appear for jury duty, and the night off following each day of jury duty that you serve. There is no specific code section that spells out what an employer must do for a shift worker. However, the code strictly prevents retaliation for taking off here at section 230:

Fortunately, courts typically have a notification system where you can check the day before---often after 5 PM---- whether you have to appear the following morning. Notify your employer that you have been called and let them know in advance. Then call again when you are scheduled to appear the following morning.

You are not expected to arrive to court in the morning, work at court all day, and also work a shift immediately before or after court.

The caveat is that you must give reasonable notice to your employer. That would be both when you first get notice in the mail---and before each shift that you can not make based on jury service.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

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I wish you the best in 2012,

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