Temps required to be paid jury duty pay?

Caroliso

Are we required by law to pay jury duty for temporary employees on our payroll in the same way we do for regular employees? Our temps don't get any paid time off benefits, but the question has been posed to me about whether or not this is required by law.

LindaS

Unless you have a state law that specifies payment for jury duty, there is no federal requirement that ANYBODY gets paid from their employer for time missed from work for jury duty.

Dutch2

What do your policies say about temp's and company benefits? Are they temp's as in working for a Temporary Service or Temp's in that they are your employee for a specific period of time?

Caroliso

Temps on our payroll for a specific period of time. Our policies say no benefits for temps except the ones mandated by law like workers comp, tax withholding. But policies can be wrong or can need updating, which is why I'm asking.

System

Right, and jury duty pay is one of those benefits mandated by (Massachusetts) law. Good thing you checked!

Riva

I'm curious on this one. Who pays the temp employee for their daily wages if they are out for jury duty (regardless if they receive a stipend for their civic duty). I would say that the staffing agency would be responsible to pay the temp employee their wages and not the contracting company who is utilizing the services of the temp. However I guess this could depend on the staffing agency contract because depending on their markup, they may elect to offer more benefits such as holiday pay etc.

So are you saying that the business utilizing the services of a temp employee would be required to pay the staffing agency for the temp employee (their employee) if they got called to jury duty? Doesn't sound right unless I'm missing something...

System

The question was about temps that were on the employer's payroll - that's why the employer would be paying the temp. If the temp agency typically paid the temp, I suspect the agency would pay the jury duty pay, absent language in the staffing contract to suggest otherwise.

ray a

We do not pay temps for jury service, not required in NY, but we do allow them timeoff without retribution for doing their civic duty and they can collect the stipend paid by the state.

System

Yes, Caroliso, in Massachusetts you must pay your temporary employees for jury duty.

Massachusetts General Laws Chapter 234A Section 48 states:

"Each regularly employed trial or grand juror shall be paid regular wages by his employer for the first three days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment as long as the employment hours of a juror reasonably may be determined by a schedule or by custom and practice established during the three-month period preceding the term of service of such juror. Each self-employed trial or grand juror shall compensate himself for the first three days, or part thereof, of juror service."

Caroliso

Bingo, Missk! Now THAT's an answer!!!

Thanks, everyone.

ACU Frank

I love the line that mandates that self-employed people compensate themselves.

Only in Mass or Cal...