Thursday, July 2, 2009

Paid jury duty?

Q. I have jury duty coming up and wonder whether my employer has to pay me? What does Colorado law say about paid jury duty?

A. The Colorado statute says:

All regularly employed trial or grand jurors shall be paid regular wages, but not to exceed fifty dollars per day unless by mutual agreement between the employee and employer, by their employers for the first three days of juror service or any part thereof. Regular employment shall include part-time, temporary, and casual employment if the employment hours may be determined by a schedule, custom, or practice established during the three-month period preceding the juror's term of service.

It also says, that after the first three days:


The state shall pay each trial or grand juror who serves more than three days for the fourth day of service and each day thereafter at the rate of fifty dollars per day. A trial or grand juror receiving payment under this section shall not be entitled to additional reimbursement for travel or other out-of-pocket expenses.

Source: C.R.S. 13-71-126; C.R.S. 13-71-129

Wednesday, July 1, 2009

Interfere with jury duty?

Q. My boss doesn't want me to go to jury duty because of a big deadline we have on a project. What does Colorado law say about that?

A. Under Colorado law:

(1) An employer shall not deprive an employed juror of employment or any incidents or benefits thereof, nor shall an employer harass, threaten, or coerce an employee because the employee receives a juror summons, responds thereto, performs any obligation or election of juror service as a trial or grand juror, or exercises any right under any section of this article. An employer shall make no demands upon any employed juror which will substantially interfere with the effective performance of juror service. The employed juror may commence a civil action for such damages or injunctive relief or both, as may be appropriate, for a violation of this section. The court may award treble damages and reasonable attorney fees to the juror upon a finding of willful misconduct by the employer. Any trial of such an action shall be to the court without a jury.









(2) Any employer who willfully violates this section commits willful harassment of a juror by an employer, as defined in section 18-8-614, C.R.S., which is a class 2 misdemeanor punishable as provided in section 18-1.3-501, C.R.S.










Source: L. 89: Entire article R&RE, p. 772, § 1, effective January 1, 1990. L. 2002: (2) amended, p. 1489, § 126, effective October 1.


C.R.S. 13-71-134