Most states require employers to allow employees unpaid time off to serve jury duty—and employers may require employees to show their jury summons to be allowed the time off of work. Federal law—The Fair Labor Standards Act (FLSA)—does not require an employer to pay an employee for time spent on jury duty. But some state laws require employers to pay employees for time spent serving jury duty.

There is no state or federal law that prevents an employer from requiring an employee to use vacation or other paid time off for jury duty. But an employer may not punish an employee for time away from work based on a valid jury summons. If an employee’s time away from work will cause an employer unusual difficulty (undue hardship) due to seasonal work demands, for example, the employee may be excused from jury duty—at least until a future date.

Most states pay persons who are selected to serve on juries for each day they serve on the jury and reimburse some expenses such as travel and parking. But a person is generally not paid for the first day they are summoned to the courthouse to determine whether they will be selected for jury duty. And jury duty pay is generally a token amount—not a replacement for employee wages.

Laws regarding jury duty are usually located in a state’s statutes.

In South Dakota, employers are required to provide employees with unpaid time off to serve on jury duty. While federal law, specifically the Fair Labor Standards Act (FLSA), does not mandate employers to pay employees for time spent on jury duty, South Dakota law does not require employers to compensate employees for jury service either. However, employers in South Dakota are prohibited from discharging or otherwise penalizing an employee for taking time off to serve on a jury, as long as the employee shows a valid jury summons. Employers are not prevented from asking employees to use vacation or other paid time off for the duration of their jury service. If serving on a jury would cause the employer undue hardship, the employee may be excused from jury duty. Jurors in South Dakota may receive a small payment for each day of service and may be reimbursed for certain expenses, but this compensation is not intended to fully replace regular wages. These regulations are outlined in South Dakota's state statutes.