In Texas, an employer may not terminate the employment of a permanent employee because the employee serves as a juror. An employee who is discharged, threatened with discharge, intimidated, or coerced because of jury service may file a lawsuit against the employer and seek reinstatement, back pay, and reinstatement of benefits. If the employer is found guilty, they may be subject to criminal penalties.
An employer may require an employee to provide documentation to show that the employee has served on a jury. This documentation is typically provided by the court and is necessary for the employee to prove their service in order to protect their job and potentially receive compensation from the employer, if applicable.
In Texas, an employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury. However, an employer may not withhold or reduce an employee's salary for the time spent on jury duty if the employee is a salaried employee and works any part of a week.
An individual summoned for jury service in Texas may be excused by the court if the individual shows that serving on the jury would cause an undue hardship or a severe financial loss to the individual or the individual's employer. The court has the discretion to determine what constitutes an undue hardship and may postpone the individual's service to a more convenient time.
Jurors in Texas are entitled to a reimbursement for their services. The state pays jurors a set fee for each day of service. The amount varies depending on the type of court and the length of service. Jurors may also be reimbursed for certain expenses, such as travel and parking, as determined by the county in which they serve.
The Fair Labor Standards Act (FLSA) is a federal law that sets basic labor standards for employees in the private sector and in federal, state, and local governments. However, the FLSA does not mandate that employers pay their employees for time not worked, including time spent serving on a jury. This means that while an employee must be given time off to serve on a jury, there is no federal requirement for this time to be paid. Employers are not prohibited from offering pay during jury duty if they choose to do so, and some may have policies or labor agreements that provide paid leave for jury service.
The Jury System Improvement Act prohibits employers from discharging, threatening, intimidating, or coercing any permanent employee because of their federal jury service. An employer who violates this law may be subject to penalties, including reinstatement of the employee to their position, payment of lost wages, and other damages. The Act ensures that citizens can fulfill their jury service obligations without fear of retribution from their employers. It is important to note that this protection applies specifically to federal jury service and does not necessarily extend to state jury duty, which is governed by state laws.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides protection for civilian job rights and benefits for veterans and members of Reserve components. Under USERRA, jury duty is considered a form of public service. While USERRA is primarily focused on military service, it also includes provisions that protect the rights of employees to be reemployed after taking time off for jury duty. This means that employees cannot be penalized or lose their job because they were absent due to jury service. However, similar to the FLSA, USERRA does not require employers to pay employees for the time spent on jury duty.