In New York, your employer has to pay you for jury duty only if the company has more than 10 employees, and even then the obligation is capped at $72 per day for the first three days of service. That $72 figure took effect on June 8, 2025, when the Fiscal Year 2026 budget amended Judiciary Law Section 519. Smaller employers owe nothing, but the state steps in to pay jurors directly. Your job is protected either way.
The Pay Rule for Employers With More Than 10 Employees
If your employer has more than 10 employees, they cannot withhold the first $72 of your daily wages during each of the first three days of jury service.1New York State Senate. New York Judiciary Law JUD 519 – Right of Juror to Be Absent From Employment In practice, you receive $72 per day or your regular daily wage, whichever is lower. If you normally earn $60 a day, your employer pays that $60 and the state pays the remaining $12 so you still take home $72.2NEW YORK STATE UNIFIED COURT SYSTEM. Jury Information for Employers
After the third day, the employer’s obligation ends. The state then pays the $72 daily jury fee directly to any juror who is not already receiving at least that amount from their employer.3New York State Senate. New York Judiciary Law JUD 521 – Fees and Travel Expenses of Jurors Some employers voluntarily continue paying full wages for the whole term. The state encourages that but does not require it.2NEW YORK STATE UNIFIED COURT SYSTEM. Jury Information for Employers
One detail catches people out: the employer’s pay obligation only applies to your regularly scheduled work days. If you serve on a day you were not scheduled to work, the state pays the $72 instead of your employer.4NYCOURTS.GOV. Juror Compensation
If Your Employer Has 10 or Fewer Employees
Small employers are completely exempt from paying jury wages. If you work for a business with 10 or fewer employees, the state pays you $72 for every day you physically attend court.3New York State Senate. New York Judiciary Law JUD 521 – Fees and Travel Expenses of Jurors The legislature carved out this exception to avoid burdening small businesses. Your job protection, though, is identical regardless of company size.
What Counts as Illegal Retaliation
Section 519 prohibits your employer from firing you, threatening you, or penalizing you for serving on a jury. You must notify your employer before your term of service begins, and once you do, your absence is legally protected.1New York State Senate. New York Judiciary Law JUD 519 – Right of Juror to Be Absent From Employment
Forcing you to use vacation, personal, or sick time for jury duty counts as an illegal penalty under the statute. Your employer can withhold wages beyond the required $72-per-day payment, but touching your accrued leave is off-limits. If HR asks you to log jury days as PTO, point them to Section 519. You can request a proof of service document from the court showing the exact dates you served, which most employers will want for their records.2NEW YORK STATE UNIFIED COURT SYSTEM. Jury Information for Employers
Penalties If Your Employer Breaks the Rule
An employer who fires, threatens, or penalizes you for jury service commits criminal contempt of court. The punishment can include a fine of up to $1,000, up to 30 days in jail, or both.1New York State Senate. New York Judiciary Law JUD 519 – Right of Juror to Be Absent From Employment That is a criminal charge, not just a civil fine. If you believe your employer retaliated, you can raise the matter with the court that summoned you.
Part-Time and Temporary Workers
Part-time employees follow the same rules as full-time employees. If you miss a scheduled shift for jury service and your employer has more than 10 employees, you are owed the same $72-per-day payment for the first three days.2NEW YORK STATE UNIFIED COURT SYSTEM. Jury Information for Employers
For temporary workers, the obligation follows the paycheck. If a temp agency pays you and has more than 10 paid employees, the agency owes the jury fee. If the company where you are placed pays you directly and has more than 10 employees, that company owes it. The question is who pays you, not where you physically work.2NEW YORK STATE UNIFIED COURT SYSTEM. Jury Information for Employers
Federal Jury Duty Works Differently
Everything above governs New York state courts. Federal court in New York, including the Southern and Eastern Districts, runs on separate rules.
Federal jurors receive $50 per day under federal statute, and there is no employer pay mandate at all.5Office of the Law Revision Counsel. 28 USC 1871 – Fees Federal job protections, however, are arguably stronger than New York’s. Under 28 U.S.C. ยง 1875, no employer may fire, threaten, intimidate, or coerce any permanent employee for serving on a federal jury.6Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment
An employer who violates that protection faces civil penalties of up to $5,000 per violation per employee, liability for lost wages and benefits, and a court order to reinstate you. You are treated as if you were on a leave of absence, so you return with full seniority and continued eligibility for insurance and other benefits. If you need to bring a claim, the federal district court can appoint counsel at no cost.6Office of the Law Revision Counsel. 28 USC 1875 – Protection of Jurors Employment
How Jury Duty Pay Is Taxed
Jury duty pay from either the state or federal government counts as taxable income. Report it on Schedule 1 (Form 1040), line 8h.7Internal Revenue Service. Publication 525 – Taxable and Nontaxable Income
If your employer pays your full salary during service and then requires you to hand over the jury fee you received from the court, you can deduct the amount you turned back in on Schedule 1 (Form 1040), line 24a, so you are not taxed on money you never kept.8Internal Revenue Service. Publication 525 – Taxable and Nontaxable Income> Keep a record of the amount you received and any receipt showing you remitted it to your employer.