Q: Are wages required to be paid when an employee is on jury duty?
A: If the employee is a “non-exempt” worker wages do not have to be paid. If the employee is an “exempt” worker the Fair Labor Standards Act (FLSA) at 29 C.F.R. Sec. 541.602 states the employer is to pay wages for the period of time the worker is absent from work due to jury duty. However, the employer can offset any amounts received by the employee as jury fees for a particular week against the salary due for the particular week. Furthermore, an employer having a policy stating that exempt employees who serve on juries for an extended period of time will not be paid for workweeks in which they perform no work is permissible.
Source: Oklahoma Department of Labor
