we live in californian, he was at the courthouse all day today and his employer is still making him come to work and says he does not get overtime for it. is this legal?
in essence my husband served 8 hours at the courthouse and then still has to put in an 8 hours of work tonight with no overtime.
can they really do that?
2007-03-19 15:26:18 · 15 answers · asked by fluttering_by@sbcglobal.net 4 in Politics & Government ➔ Civic Participation
Yes. Jury duty is only a valid reason to be absent from work without penalty. The employer doesn't even have to pay you for doing the Jury duty, though most jurors are also compensated financially during the trial.
In this case, since his scheduled shift was after the end of the court date, he is expected to be there, and work for his usual wage.
2007-03-19 21:13:58 · answer #1 · answered by mekounknown 5 · 1⤊ 1⤋
His company is probably violating the law. An employer can't make him work 8 more hours. What if the jury has to meet more than 8 hours? Most companies take the money an employee makes as a juror and pay their regular salary or wage for the day served on the jury. In Georgia, the employer would be breaking the law by making him work; I don't know about California though.
2007-03-21 13:37:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If he is called again, go to the court and request a waiver. All your husband needs to do is get a letter from his employer stating they don't pay for jury duty. If it is too much of financial hardship, the court will generally excuse him from serving. The employer does not have to pay for the time required for him to serve, but I am not so sure the employer can make him come to work while he has to serve either. Call the local labor relations board to find out what the law states for sure on the subject. Laws vary from state to state.
2007-03-20 09:45:02 · answer #3 · answered by Slimsmom 6 · 1⤊ 0⤋
Yes. But I would have claimed a hardship to the court, or asked my employer if I could have made up the shift a couple hours at a time on the end of my regular shift. The boss is an *** - but I guess you can't miss that. Must be a foreigner.
2007-03-19 22:32:52 · answer #4 · answered by justbeingher 7 · 1⤊ 1⤋
No they do not have to pay him overtime, just when he works there over the 8 hours for example, the court is civic duty and does not count in most cases.
2007-03-19 22:53:46 · answer #5 · answered by ACTS 4:12 4 · 1⤊ 1⤋
The court duty is a valid excuse from being absent from work. Thus, the employer cannot force the employee to report to work with no pay.
2007-03-20 03:20:12 · answer #6 · answered by FRAGINAL, JTM 7 · 3⤊ 0⤋
I think they can do that, legally, but I would definately see if next time he's called, he can be excused, because of finances. I would tell them his boss frowns on missing work.
As for 'Justbeingher's answer, yes his boss does sound like a jerk(I'll use a little nicer word), but it's VERY presumptuous of you to assume he is a foreigner just because he's being that way! You sound more than a little racist.
2007-03-20 14:54:07 · answer #7 · answered by mom-of-4 3 · 1⤊ 0⤋
Why should the employer pay overtime? They aren't getting any more work out of your husband, why should they have to pay extra?
Jury Duty is one of the prices for living in our society.
2007-03-19 22:31:39 · answer #8 · answered by Teekno 7 · 1⤊ 2⤋
not sure if it's legal, but if it goes on for a while your husband will be wiped out. I would suggest he tell the judge about this situation...the judge might excuse him from serving on a trial.
2007-03-19 22:36:52 · answer #9 · answered by njyogibear 7 · 2⤊ 0⤋
yep but, just don't agree with the law in question and make a hug jury. thats how we a citzens can change a law.
2007-03-20 15:41:04 · answer #10 · answered by Anonymous · 1⤊ 0⤋