Jury Duty & Overtime Pay

[ndr_hip]

Illinois

I have an employee summoned to sit on a grand jury. He is non-exempt and our main IT person. Company policy is to pay up to 10 days regardless of employment status. My question is, if he comes in to work after court or on the weekend and puts in a few hours, would that qualify as overtime and subject to time and a half pay?What is the name of your state?

 

[mlane58]

Illinois

I have an employee summoned to sit on a grand jury. He is non-exempt and our main IT person. Company policy is to pay up to 10 days regardless of employment status. My question is, if he comes in to work after court or on the weekend and puts in a few hours, would that qualify as overtime and subject to time and a half pay?What is the name of your state?

Overtime is paid for hours worked over 40. You are compensating that employee for loss of income while having to sit on jury. So the answer is no.

 

[cbg]

Barring a bona fide contract that says otherwise, there are no circumstances in which time paid but not worked has to be applied to overtime calculations. If he didn't WORK more than 40 hours in a week, he has no legal claim to overtime, regardless of how many hours he was paid for.

 

[ndr_hip]

Thank you mlane58 and cbg!