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  1. #1
    3Caiques is offline Junior Member
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    Cool Jury Duty and Pay

    What is the name of your state (only U.S. law)? Alabama

    This past week, I served Jury Duty for four days. The county I live in pays peanuts for jury service, but I served without complaint because I knew I'd get paid by the company I work for anyway. Since the company is only about a mile from the courthouse, I came to work early every day to work before leaving to report for service. When we were released for the day by the judge, I'd go back to work, and play catch up, staying for as long as it took each evening to get things done. On my last day of jury service, the court clerk doled out the checks and "proof of service" certificates, and we were all free to go. I dutifully went back to work.

    On Friday (pay day), I was informed that I had to surrender the little check I'd gotten or have the amount I'd "earned" for jury service ($43) deducted from my paycheck.

    Is this even legal?
  2. #2
    swalsh411 is offline Senior Member
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    Are you exempt or non-exempt? Salaried or hourly?

    Collecting jury duty pay from employees is an assinine policy because it costs the employer more to deal with the check then the check is worth.
  3. #3
    3Caiques is offline Junior Member
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    Quote Originally Posted by swalsh411 View Post
    Are you exempt or non-exempt? Salaried or hourly?

    Collecting jury duty pay from employees is an assinine policy because it costs the employer more to deal with the check then the check is worth.
    I'm a full-time hourly employee -- I punched in every morning, out when I left for jury duty, in when I came back and out when I finally left each night.

    The woman who writes out the checks each week also told me I was paid "overtime" because I was "officially" working beyond my normal hours, which is odd, because if you totalled up all the time I actually worked "on the clock" during those four days, it didn't total more than 8 hours a day.
  4. #4
    swalsh411 is offline Senior Member
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    If you are hourly and were not paid for the time you were serving on a jury then your employer has no right to ask for the money. How many hours did you work over 40 that week and how many hours of overtime were you paid? It sounds like they paid you OT when they didn't really have to (your "make up" hours). But asking for your jury duty pay is not appropriate considering you weren't on the clock.
  5. #5
    3Caiques is offline Junior Member
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    I wasn't on the clock at all while doing jury service during the day. Even if you added up all the times I did punch in before and after serving each day, it didn't add up to 8 hours per day -- it averaged about 4 hours per day (the court case was concluded late Thursday afternoon, so I didn't have to go back to court on Friday), so there was no overtime.
  6. #6
    cbg
    cbg is offline Senior Member
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    Alabama law specifically and in so many words gives the employer the right to claim the jury fee you earn from the courts. However,remarkably enough Alabama is also one of the very few states for which you must be paid for jury duty time.

    Were you? I am not asking if you were punched in during that time; I am asking if you were paid for it.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  7. #7
    Betty is offline Senior Member
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    Al. code 12-16--8
    (a) Upon receiving a summons to report for jury duty, any employee, on the next day he or she is engaged in his or her employment, shall exhibit the summons to his or her immediate superior, and the employee shall thereupon be excused from his or her employment for the day or days required of him or her in serving as a juror in any court created by the constitutions of the United States or of the State of Alabama or the laws of the United States or of the State of Alabama.

    (b) An employee may not be required or requested to use annual, vacation, unpaid leave, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this subsection shall be construed to require an employer to provide annual, vacation, or sick leave to employees who otherwise are not entitled to the benefits under policies of the employer.

    (c) Notwithstanding the excused absence provided in subsection (a), any full-time employee shall be entitled to his or her usual compensation received from such employment.

    (d) It shall be the duty of all persons paying jurors their fee or compensation for services to issue to each juror a statement showing the daily fee or compensation and the total fee or compensation received by the juror.

    (e) Notwithstanding subsection (a), a court shall automatically postpone and reschedule the service of a summoned juror who is an employee of an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer also has been summoned to appear during the same period. A postponement pursuant to this section shall not affect an individual's right to one automatic postponement under Section 12-16-63.1.

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