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Employment Law: Employee Compensation For Jury Duty

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C.R.S. 13-71-126 sets forth an employer's responsibilities to employees who are called to serve on jury duty.

Under prior law, the State of Colorado was responsible for paying jury fees. Pursuant to C.R.S. 13-71-126, however, employers must pay all jurors, who are regularly employed their regular wages, not to exceed $50.00 per day, for the first three (3) days of jury service. Of course, an employer and employee can agree that the employer will pay the regular salary even if it is in excess of $50.00 per day.¹ After the third day of jury service, the State pays the jury fees.²

Regular employment includes part time, temporary, and casual employment if the employment hours may be determined by a schedule, custom, or practice established during the three (3) month period preceding the juror's term of service.³

The law also provides that substantial penalties may be levied against an employer if the employer discriminates against an employee because of jury service. For example, the act authorizes jurors to commence civil actions for damages or injunctive relief for violation of the act. The court may award treble damages and reasonable attorneys' fees to the juror if it finds that the misconduct of the employer was willful.⁴ Furthermore, an employer who willfully violates the act may be found guilty of a class II misdemeanor.⁵

¹ See C.R.S. 13-71-126, 2002. Back
² See C.R.S. 13-71-129, 2002. Back
³ C.R.S. 13-71-126, 2002. Back
⁴ See C.R.S. 13-71-134(1), 2002. Back
⁵ See C.R.S. 13-71-134(2), 2002. Back