New York Raises Jury Duty Pay to $72

Effective June 8, 2025, employers have new obligations for increased jury duty pay in New York.  Employers with more than 10 employees are required to pay employees serving on jury duty either their regular daily wage or the New York State’s jury fee of $72 per day—whichever is less—for the first three days of service. If the employee’s daily wage is less than $72, New York State will pay the difference such that the employee still receives a full $72 per day.

For employers with 10 or fewer employees, New York State pays the full $72 jury fee for the first three days if the employer does not compensate the juror at that level. After the third day, New York State pays the $72 daily jury fee to all jurors who are not otherwise compensated at or above that amount by their employers. If a juror’s pay is below the jury fee, New York State will still make up the difference.

Exempt Employees and the FLSA

Under the Fair Labor Standards Act (FLSA), exempt employees must receive their full salary for any workweek in which they perform any work, even if they miss time due to jury duty. However, employers may offset the amount the employee receives from New York State. If an exempt employee performs no work at all during the entire workweek—including checking email, answering calls, or texts—then no salary is required for that week.

More information is available in the NYS Unified Court Systems – Jury Information for Employers pamphlet, you can find it here.

What You Should Employers Do:

• Update payroll systems and adjustments to reflect the $72 daily rate.
• Update your Employee Handbook and communicate these updates to employees
• Notify managers and payroll teams to ensure compliance.

Our Human Capital Business Advisors and attorneys are available to assist you with jury duty pay changes and other employment-related issues that may arise.

This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.