FLSA vs. Jury Duty

cb499

The following excerpt is on the BLR database: Jury duty/witness appearance/military leave. Deductions may not be made for absences for jury duty, attendance as a witness, or temporary military leave. The employer may, however, offset any fees the employee receives as a juror or witness or military pay for a particular week against the salary due for that particular week without loss of the exemption.

Can someone please point me to the exact location in the FLSA that states this?

Thank you!

SFbay

29CFR541.602 - Salary basis. http://www.dol.gov/dol/allcfr/esa/title_29/part_541/29CFR541.602.htm

 "(3) While an employer cannot make deductions from pay for absences of an exempt employee occasioned by jury duty, attendance as a witness or temporary military leave, the employer can offset any amounts received by an employee as jury fees, witness fees or military pay for a particular week against the salary due for that particular week without loss of the exemption."

 

cb499

Thank you for providing the reference in the regulation...that's exactly what I needed!

cb499

I've reviewed 541.118 and 602 and understand that pay cannot be deducted for jury duty of less than a full week. If we have a bona fide personal leave policy in place, what prevents us from declaring that any time served on jury duty will be considered a personal activity, and the ee's personal leave bank is deducted for the time off? Asked another way, what, if anything, in the FLSA, prevents an employer from deducting time on jury duty from PTO?

Maybe what I'm really asking is how does the FLSA define "deduction from pay"?

mbaker01

State law may prevent you from declaring this as a personal activity.  You need to look at more than just FLSA on this matter.  You need to look at what your state law dictates.  In the state of Indiana an employer can be charged a Class B Misdemeanor if it deprives an employee of employment, employment benefits, or otherwise threaten an employee for his/her response to jury duty summons, service on a jury duty, or attendance in court for prospective jury duty.