How Jury Duty Pay Works and What to Expect
Most employers must pay you for jury duty, but the court does not
The court itself pays little or nothing — often $15 to $50 per day, sometimes nothing at all for the first few days. The real payment comes from your employer, who is required by law in most states to keep paying your regular wage while you serve. This is not optional for them; it is a legal obligation. However, the specifics depend on your state, your employer's size, and how long you serve.
Understanding where the money comes from matters because it affects what you owe, when you get paid, and what to do if your employer refuses. The court payment is separate from your paycheck, and your employer's obligation is separate from the court's. Both can happen, or only one, depending on your situation.
Key Takeaways
- Your employer must pay your regular wage during jury duty in most states, but this requirement varies by state and usually has limits on how many days.
- The court pays a small daily fee (typically $15 to $50) that goes to you directly, separate from your employer's payment.
- You receive the court payment by check or direct deposit after your service ends, usually within two to four weeks.
- If your employer refuses to pay you or retaliates for serving, you can file a complaint with your state's labor department or attorney general.
- Self-employed people and gig workers do not receive employer payment and must rely on the court's small daily fee.
What your employer must pay you
State law, not federal law, sets the requirement for employer payment. Most states require employers to pay employees their regular wage during jury duty, but the number of days covered varies widely. Some states cover the full duration of service with no limit. Others cover only the first three, five, or ten days. A few states have no requirement at all.
The employer's obligation typically applies only to employees, not independent contractors or the self-employed. It also usually applies only to employers above a certain size — often five or ten employees, though this varies by state. If you work for a very small business or are self-employed, you will not receive employer payment, only the court's daily fee.
To find out what your state requires, contact your state's labor department or search "[your state] jury duty employer pay." The court that summoned you can also tell you whether your state has a requirement and what it covers.
What the court pays you
The court pays a daily fee for each day you serve. This amount is set by state law and varies significantly — it might be $15 per day, $50 per day, or anywhere in between. Some states pay nothing for the first one to three days, then a small amount after that. A few states pay nothing at all, though this is rare.
You do not receive this payment while you are serving. Instead, the court sends it to you by check or direct deposit after your service ends. The timing varies, but most courts mail or deposit the payment within two to four weeks of your last day of service. If you do not receive it within six weeks, contact the court's jury office to ask about the status.
The court payment is yours to keep regardless of whether your employer also paid you. It is not a substitute for employer payment; it is a separate obligation.
How the payment reaches you
Your employer's payment comes through your regular paycheck on your normal pay schedule. You do not need to do anything special — your employer deducts the jury duty days from your timesheet and pays you as usual. If you are salaried, you receive your full salary. If you are hourly, you receive pay for the hours you would normally have worked.
The court's payment is different. Before you are dismissed from jury duty, the court clerk will give you a form or ask for your mailing address and payment method. Some courts offer direct deposit; others mail a check. If you choose direct deposit, provide your bank account information. If you choose a check, the court will mail it to the address you provide.
Keep the form or confirmation the court gives you. If you do not receive payment within six weeks, you will need proof that you served and the date you were dismissed. The court's jury office can look this up, but having your own record speeds the process.
What to do if your employer refuses to pay
If your employer does not pay you for jury duty when they are legally required to, you have options. First, ask your manager or human resources department in writing — email is fine — and keep a copy. Explain that you served on jury duty on specific dates and ask when you will receive payment for those days. Give them five to ten business days to respond.
If they refuse or do not respond, contact your state's labor department or attorney general's office. Most states have a wage and hour division that investigates unpaid wage complaints. You will need to provide the dates you served, your job title, your regular wage, and proof of service (the court summons or a letter from the court). The labor department can order your employer to pay you and may impose penalties.
You can also file a small claims lawsuit against your employer for the wages owed, though this is more time-consuming. Some states also allow you to sue for damages if the refusal was intentional.
Retaliation and your rights
Your employer cannot fire you, demote you, reduce your hours, or otherwise punish you for serving on jury duty. This is illegal in all states. If your employer retaliates against you after you serve, you can file a complaint with your state's labor department or attorney general, just as you would for unpaid wages.
Retaliation can be obvious — being fired the day you return — or subtle, like being passed over for a promotion or having your hours cut. Document everything: the dates you served, the date you returned to work, and any changes to your job or pay that followed. Keep emails, performance reviews, and any written communication from your employer.
If you believe you have been retaliated against, contact your state's labor department or attorney general within the time limit your state allows. Most states allow complaints within one to three years of the retaliation.
Self-employed people and gig workers
If you are self-employed or work as a gig worker (delivery, rideshare, freelance), you do not receive employer payment because you have no employer. You receive only the court's daily fee, which is typically much smaller than your regular income. This means jury duty costs you money in lost work time.
You can request to be excused from jury duty if serving would cause you undue hardship. When you receive your summons, look for a form to request postponement or excusal. Explain that you are self-employed and have no income during jury duty. The court may postpone your service to a less busy time, reduce the number of days you serve, or excuse you entirely. Courts vary in how they handle these requests, but it is worth asking.
If you do serve, keep track of the days and the court's payment. Some courts allow you to deduct jury duty as a business expense on your taxes, though the rules vary by situation. Consult a tax professional if you have questions.
Frequently Asked Questions
Do I have to report jury duty pay on my taxes?
Yes, the court's daily fee is taxable income and must be reported on your tax return. Your employer's payment is also taxable — it is part of your regular wages. The court does not send you a tax form, but you should report the amount on your return. If the amount is large, ask the court for documentation of what you received.
What if I was not paid by the court after I served?
Contact the court's jury office and provide your name, the dates you served, and your case number (if you have it). Ask for the status of your payment. If the court says payment was mailed, wait another two weeks. If it was not mailed, ask the court to send it now or provide a check in person. Keep a record of the date you called and the name of the person you spoke with.
Can I be fired for missing work due to jury duty?
No. Firing someone for jury duty is illegal in all states. If your employer fires you, threatens to fire you, or retaliates in any other way, contact your state's labor department or attorney general immediately. You will need to show the dates you served and the date of the retaliation.
Do I get paid if I am dismissed before the trial starts?
Yes. You are paid for each day you report for jury duty, including jury selection (called voir dire) and any waiting time. Once you are dismissed, you stop receiving payment. Your employer's obligation also ends on the day you are dismissed.
What if my employer is too small to have a jury duty pay requirement?
Check your state's law — the threshold varies. If your employer is below the threshold or your state has no requirement, you receive only the court's daily fee. You can still request to be excused or postponed if jury duty would cause hardship, but you have no right to employer payment.