Are Employers Required to Pay Texas Employees for Jury Duty?

Hey everyone. It’s Paul Simon with the law firm of Simon Paschal. Welcome to Simon Paschal Says, our video tips series where we provide information for businesses and employers and some helpful tips that you guys can use as you go through your day and work week. Today we’re going to talk about jury duty and what the requirements are for employers regarding employees who have to serve on a jury. So the general rule, both federal and the state of Texas is there’s no requirement that an employer pays an employee when they’re on jury duty leave. The only requirement is that you allow the employee to take a leave to serve on a jury. You cannot retaliate against an employee who has to serve on a jury. And then in terms of the pay, there are some exceptions for exempt salaried employees. So if you have an exempt salaried employee and they have to serve jury duty for part of the week, but they do work some days you have to pay them that entire week, their full salary.

Now you’re nonexempt employees, the hourly employees, you do not have to pay them when they’re out of work on jury duty. If you do pay them, though, you can require those employees to pay you whatever they’ve received in terms of compensation for serving on a jury. Now, obviously that’s generally a small amount, but that is something that you’re legally allowed to do under Texas law. So again, fairly straight forward, you don’t have to pay your employees if they’re on jury duty, you cannot retaliate against them. And if they’re salaried exempt employees, you have to pay their full week’s salary if they work at all during that work week. So that’s your tip for the day. Look forward to seeing you next time. Thank you!


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