Right to Get Paid While Serving
There is no State law in Florida that requires employers to pay jurors while they are serving on jury duty. There are, however, some County ordinances which require some employers to pay some employees for their jury service (see below). Additionally, many of the larger employers (FP&L, BellSouth, Postal Service, Publix, etc) do voluntarily pay their employees, but it is not required and it varies from employer to employer. Jurors should be instructed to check with their employers during recesses in voir dire in order to determine what their employer’s policy is.
Jurors also have a right to get paid (in a modest amount) by the government for their jury service – $15 per day for first three days, and $30 per day thereafter. Fla Stat. 40.24.
Some of the County Ordinances pertaining to juror pay are below:
BROWARD COUNTY ORDINANCE – CHAPTER ONE – SECTION 1-9
Sec. 1-9. Compensation by employers to employees for jury service.
(a) This section shall be applicable to and govern all employers located or doing business within Broward County who have employees summoned to jury service within Broward County.
(b) No employer shall withhold wages or salary from a full-time employee summoned to jury service because of the employee’s absence from work on any day that the employee, reports for jury duty, or serves as a juror or on a venire panel for a period not to exceed five (5) working days, provided that the employee gives a copy of the summons to his or her immediate supervisor within five (5) working days prior to the commencement of his or her jury service and provided further that the employer can deny or withhold from the employee’s usual wages or salary an amount equal to the statutory fees to which the employee is entitled for performing jury service or otherwise. This subsection includes a full-time employee whose regular work schedule does not fall within the daily time period for jury service. The full-time employee shall be excused from work by the employer during each day the employee provides jury service, regardless of the regularly scheduled time such employee reports to work, and shall be compensated by the employer as provided for in this subsection.
(c) Definitions: As used in this Section 1-9, the following terms shall have the meanings respectively ascribed:
(1) Full-time employee shall mean an individual employed by an employer and regularly scheduled to work at least thirty-five (35) hours per week.
(2) Jury service shall mean being summoned and reporting for jury service as well as actual service on a jury, or summoned to sit on a venire panel.
(3) Wages or salary shall mean the employee’s regular salary, draw, or compensation, but does not include commissions, overtime pay, or compensation for more than eight (8) working hours per day.
(d) Any person in violation of this section shall be punished as provided by law.
(Ord. No. 86-55, §§ 1–3, 10-14-86; Ord. No. 89-54, § 1, 12-12-89; Ord. No. 2002-63, § 1, 12-10-02)