What Are Your Rights as an Employee When Serving Jury Duty in California?
Jury duty is a civic responsibility that ensures individuals within legal proceedings have a fair trial by a group of their peers. Jurors play a crucial role in the justice system by listening to evidence and determining a verdict. However, many employees may be concerned about how serving on a jury will impact their job.
Are Employees Protected for Taking Time Off for Jury Duty?
In California, Labor Code Section 230 protects employees who are summoned for jury duty. This law prohibits employers from taking adverse actions against employees who must take time off for jury service, provided they give reasonable advance notice.
Prohibited actions include:
- Termination or suspension.
- Intimidation or demotion.
- Retaliation or pressuring the employee to avoid their duty.
- Threats against the employee.
What Is “Reasonable Notice” for Jury Duty?
Labor Code section 230 requires employees to provide reasonable notice before taking time off for jury duty. However, the law does not specifically define what constitutes reasonable notice, leaving it up to interpretation. The safest approach is to provide notice to your employer as soon as possible after receiving a jury summons.
Does Your Employer Have to Pay You During Jury Duty?
While California law protects employees from retaliation, it does not require employers to provide paid time off for jury duty. Employers may choose to offer paid leave as an additional benefit, but it is not legally mandated. California courts have clarified that courts cannot impose a requirement for paid jury duty leave.
What Are Your Legal Options If Your Employer Violates Labor Code Section 230?
If your employer violates Labor Code section 230, you are entitled to seek legal action. Remedies include:
- Reinstatement if you were wrongfully terminated.
- Reimbursement for lost wages and work benefits due to the employer’s violation.
Serving on a jury is a civic duty that should be supported by employers. Employees should feel confident that their jobs are protected while fulfilling this responsibility.
At TONG LAW, our experienced employment law attorneys will help enforce your rights and ensure you are protected while serving jury duty.
Author Bio
Vincent Tong is the CEO and Managing Partner of TONG LAW, a business and employment law firm located in Oakland, CA. Vincent is a fierce advocate for employees facing discrimination and wrongful termination. With several successful jury trial victories and favorable settlements, he has earned a strong reputation for delivering exceptional results for his clients.
In addition, Vincent provides invaluable counsel to businesses, guiding them on critical matters such as formation and governance, regulatory compliance, and protection of intellectual property assets. His depth of experience allows him to anticipate risks, devise strategies to avoid legal pitfalls, and empower clients to pursue their goals confidently.
Vincent currently serves as the 2021 President of the Board of Directors for the Alameda County Bar Association and sits on the Executive Board for the California Employment Lawyers Association. Recognized for outstanding skills and client dedication, he has consecutively earned the Super Lawyers’ Rising Star honor since 2015, reserved for the top 2.5% of attorneys. He also received the Distinguished Service Award for New Attorney from the Alameda County Bar Association in 2016. He is licensed to practice before all California state courts and the United States District Court for the Northern and Central Districts of California.
