The Fair Labor Standards Act (FLSA) requires payment of a fixed salary for most exempt employees. The salary is a guaranteed regular amount for each workweek, regardless of the quality or quantity of work that is performed or the number of hours worked, as long as some work is performed during the week.
When an exempt employee reports for a full workweek of jury duty and does no work for his or her organization, the employer is not required to pay the exempt worker for the week. However, if the employee does any work for the organization, including checking and responding to work messages/emails, the employee is considered to have worked during the workweek and is entitled to a full week of pay.
Exempt employees who report for jury duty for one or two days during the week or for part of a day but who work the rest of the week must be paid their full salary for the week.
In addition to the FLSA, employers should also consider the effect of state laws when determining how to pay exempt employees who miss work due to jury duty.
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