Employers are required to allow their employees in New York time off to serve as jurors and to be compensated for their time attending jury service and missing work. For the first time since 2003, the New York Judiciary Law has been amended to increase the rate jurors are paid for their service. NY law protects employees who serve on juries from adverse action by their employers for missing work time.
What’s New?
The key changes to NY’s jury duty law include the increase of the jury duty fee from $40 to $72 per day, which became effective June 8, 2025.
If an employee’s daily rate is less than $72, an employer may decide to pay the employee their regular wages for the day, which would then not entitle the employee to the state allowance of $72.
Who Pays the Juror Fee?
Any employer who has ten or more employees working in New York must pay its New York employees the first $72 of wages of such person’s daily wages for the first three days of jury service if that person’s daily wages equal or exceed $72. If the person’s daily wages are less than $72, the person will be entitled to receive an allowance from New York State equal to the difference between the $72 and the amount of the person’s daily wages. Thereafter, the jury fee is paid to the juror by New York State.
Employees working for an employer who has less than ten employees working in New York will be paid their juror fee by New York State.
Penalties for Non-Compliance
Taking adverse action against an employee because of the employee’s jury service may subject an employer to criminal contempt of court. Penalties also include a fine up to $1,000 or imprisonment for up to 30 days, or both.
Action Steps for Employers
Employers should ensure that their jury service leave policies and pay practices are updated to reflect these requirements that went into effect on June 8. Payroll systems should be updated to comply with the increased payment obligation for covered employers.
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