The Increase to NYS Juror Pay: What Employers Need to Know

Effective June 8, 2025, the daily rate for jury duty in New York state increased from $40 to $72. While this may seem like a small administrative change, the implications for employers – especially those with hourly or part-time workers – are important. Here is what employers need to know to stay compliant and avoid legal pitfalls.

Section 519 of New York’s Judiciary Law prohibits employers from discharging or otherwise penalizing an employee summoned for jury duty. The law also permits employers to withhold wages from an employee during their days of jury service without violating other requirements concerning the payment of wages. However, employers with ten (10) or more employees are required to pay their empaneled employees the daily rate referenced above for the first three (3) days of jury service – if the employee’s regular wages for time missed from work are lower than the jury fee, the state will pay the difference. Beginning on the fourth day of jury service, the state pays the fees to employees not otherwise compensated.

Employers are not required to pay employees who work less than twenty-five (25) hours per week or are independent contractors – these employees are eligible for state payment from day one of jury duty.

It is also important to note that per the Fair Labor Standards Act (FLSA) salary basis rules, exempt employees should be paid their full salary for any work week during which they are off for jury duty service, though employers can offset the amount the employee receives from the state.

Employers may not discharge or penalize an employee for jury service. Violations can result in civil penalties, reinstatement and back pay, and being held in criminal contempt of court.

To stay compliant with both New York law and the FLSA, employers should take proactive steps to manage jury duty leave consistently and lawfully:

• Ensure managers, human resources personnel, and payroll teams are fully informed about the increase to New York’s mandatory jury duty pay.

• Update internal policies – such as employee handbooks – to reflect the changes in the law.

• Advise and instruct employees (and their supervisors) of these policies and on how to accurately report jury duty leave in your timekeeping or payroll system.

By taking these steps, employers can ensure legal compliance, reduce risk, and support employees in fulfilling their civic duties with clarity and fairness.

If you have any questions regarding this article, please contact the Underberg & Kessler attorney who regularly handles your legal matters, or Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.