Proof of Jury Duty Employer: Everything You Need to Know
The act of providing proof of jury duty for an employer is a very important topic that both employer & employee understand.8 min read
Updated October 9,2020:
Proof Of Jury Duty For Employer
The act of providing proof of jury duty for employer is a very important topic that both employer and employee understand. Not knowing the rules in your state can have some negative impact.
Can a Company Require Its Employee to Provide Proof of Jury Duty?
In a short answer, yes, and employer can require proof of jury duty. In some states, the employer has the right to request proof from the local court system that the employee was summoned to the court for jury duty.
Proof of service to the court can be useful if the employee tells you he or she will be at jury duty for the week if you suspect some untruthfulness. As an employer, you would want to know that your employee is honest and not doing other than what he is civically obligated to do.
In many cases, jurors are asked to report for two or more days to serve. If that happens, he or she may obtain a juror history report by request to use for payroll needs. All jurors are in charge of asking for the pertinent documentation for the employer.
Check your local and state laws to find out if you may ask for proof of jury duty from an employee. You will find the laws and ordinances that are in place that pertain to jury duty. It is important to follow these laws so that you are properly treating the employee accordingly.
If you are not allowed by law to ask for proof from your employee and are concerned that he or she is being dishonest, you do have another option. You can hold a meeting with the employee once he or she returns to work. This planning discussion will go over your expectations of the employee, which includes all paid time off and time spent in the office. This can be very beneficial for your work relationship and hopefully prevent further dishonesty.
The Do's and Don'ts on How to Deal With Jury Duty as an Employer
The following are some do’s and don’ts on how to deal with jury duty and your employees:
- Do be sure to know the laws and regulations in your state. You should know the amount of paid time you must provide, which will vary by state. Knowing this information can prevent any penalties issued by the state. You must also be certain to let the employee know his or her job is protected during jury duty. Know that your employee going to jury duty can have an impact on your business, but you will have to deal with it as it is a requirement by law upon summoning.
- Do know what you will do once the employee is gone. This will help you plan for future employees that will eventually have to serve. It will ease the transition and not cause any interruptions. Have clear polices in place so that your employees are firmly aware of the rules. This will help them remain confident while they are away at jury duty. You should also include a section in the company handbook on jury duty and how it is handled. Include the responsibility of the employee pertaining to jury duty. Have your employees notify you once they receive the summons so that his or her position is covered while away. Also, be sure that you are clear that the employee who is appearing as a witness, defendant, or plaintiff is not covered under jury duty rules. In this case, he or she would have to use banked vacation time.
- Do know that you can also be summoned. If you are unable to leave work for any reason, you may be able to request an exemption. You will need to thoroughly read the letter that comes with your summons to see what you need to do.
- Don’t threaten to fire or intimidate your employees for serving on jury duty.
- Don’t be caught off guard. As an employer, you should know that at some point some or all of your employees will get summoned to jury duty.
The Do's and Don'ts on How to Deal With Jury Duty as an Employee
The following are some do’s and don’ts on how to deal with jury duty as an employee:
- Do tell your employer and manager as soon as you are summoned. There is no way to know exactly how long you will be gone. It could be one day, year, or even months depending on the case. You will also want to let your co-workers know so that they can plan for your workload while you are gone.
- Do know all state and local laws pertaining to jury duty. You have protections as an employee, but they are different in every state. To be protected, know them yourself and be aware of your rights.
- Do know your employer’s policy before you serve. You need to know how much you will be paid for your time, who is taking your place while away, and what you employer will do to handle your absence. This will help you feel more at ease with being away for a while.
- Do let the court know if you have any issues. If you know that serving on a jury is going to be difficult for your finances, you need to let the court know. It may change their juror selection. You need to have evidence to back yourself up, such as pay stubs, your company’s policy on jury duty, and anything else you think will support your request.
- Don’t be concerned about being fired. You will not be fired for serving on a jury.
- Don’t be scared to ask any questions you may have. You have a right to know everything about being away for jury duty with regard to company policy or about how long the trial may be.
- Don’t wait too long to read the summons. In some states, you can postpone your service as long as you request it by a certain date.
- Don’t go to court for jury duty more than annually. You are allow legally required to serve one time in a 12-month period. If you get a summons before that time period is up, call the court to fix the issue.
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A pay period details how regularly employees get paid and the number of checks they’ll receive yearly. An employee’s pay frequency can determine the portion of monthly deductions taken per paycheck.
All businesses are required to pay their employees. The pay schedule, however, can vary based on a number of things. State laws determine a minimum pay period, once monthly, but there are also semi-monthly, biweekly and weekly pay periods.
A pay period is an amount of time over which employee hours are documented and accounted for. These include weekly, bi-weekly, and monthly.
- A weekly pay period is most common for hourly employees and results in 52 total paychecks annually.
- A bi-weekly (every other week) pay period occurs every other week, resulting in 26 paychecks throughout the year. This is also typical for hourly employees.
- A semi-monthly (twice a month) pay period occurs two times per month, which equals 24 total paychecks annually. This is most typical for salaried employees.
- A monthly pay period, as it sounds, is one paycheck per month, totaling 12 paychecks by the end of the year. Salaried employees often receive monthly paychecks.
The sum of paychecks in a year is a crucial factor in accounting total gross pay per year. Employers must determine a stable pay period for their employees, and are required to be in compliance with extra requirements as decided by the state.
Different Types of Pay Period
For any payroll department, monthly pay schedule is ideal. They run payroll monthly, making it the fastest and most cost-efficient method. The monthly pay period is the least popular amongst employees as it can cause a financial strain. Although it’s not difficult to keep track of how many times employees will be paid in a year, they do generally prefer a higher volume of paychecks.
Most employees do not like to wait an entire month to get paid. For most workers, especially low-paid hourly employees, this delay can mean serious cash flow issues.
Some states require a shorter pay period. If your business has employees in multiple states, it can be more trouble than it is worth to pay some employees monthly and alter the others depending on their state laws.
Monthly reports are created by accountants, therefore you may find that semi-monthly is easier. It should be noted that the last paycheck of every month will typically end on the last day of the month. Many employers find that deductions are easier on this system.
Semi-monthly schedules help workers plan in advance. Companies with mainly hourly employees may find that overtime makes calculations tougher to decipher when based on previous pay periods.
Payroll managers have to take note, however. Unlike bi weekly pay, wherein payday occurs on the same day every fortnight, a semimonthly schedule could fall on a non-business day. This might call for last-minute amendments. When payday is during the weekend, most employers choose to compensate their employees beforehand.
But understanding people matters in your decision making. According to the Bureau of Labor Statistics, a weekly pay period is favored by 70 percent of construction firms and 50 percent of manufacturing companies. This cadence is also the top choice for hourly employees too, because there’s not much lag time between doing the work and getting paid.
Pay Period "Leap Years”
Certain years have additional pay periods for employees. This is referred to as “pay period leap year” This occurrence only involves employees on a salary who are paid bi-weekly. It is also conceivable to have a 27th pay period in the year.
Pay Periods for Salaried Employees
Salaried employees are paid according to a yearly amount, divided into however many pay periods there are in a year.
What Is The Importance Of Pay Periods?
The procedure by which employees are paid can be expensive. It is time consuming to carry out pay calculations even when using a payroll software.
Some employers prefer to pay less often to lower payroll costs. However, employees prefer to receive pay more occasionally because it is less challenging to budget with shorter wait times between receiving paychecks.
Pay Periods and Employment Laws
Federal and state laws must be considered when calculating pay periods. Some states regulate the frequency of pay periods, though this is not controlled by the IRS.
Factors of Pay Period Picking
- Cost and time
- Your employees’ preference
- accounting andcash flow logistics
- The law
There is no one pay period that is convenient for everybody. However regularly you run payroll essentially comes down to balancing the needs of your employees, what the state requires, and your company’s goals.
How Other Companies Handle Payroll
Bi-weekly pay is the most popular schedule, with about 36 percent of businesses paying their employees every other week. The next most common is employers paying their employees every week (just over 32 percent).
The smallest companies (one to nine employees) are all fairly different when it comes to the length of the pay period. As businesses become larger and take on more employees, however, a bi-weekly payroll schedule is typically the most common.
If you need help learning more about pay periods, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.