NYS Legislature Increases Daily Jury Duty Fee From $40 to $72

For the first time in decades, the New York State Legislature and governor amended Sections 519 and 521 of the Judiciary Law, to increase the daily rate of pay for trial and grand jurors serving in New York State, from $40 to $72. This amendment was enacted through the New York State Budget for fiscal year 2025-2026, which was signed into law on May 9, 2025. Accordingly, as of June 8, 2025, most employers with 11 or more employees must pay their employees who are absent for jury duty at a daily rate of $72 for the first three days of jury duty.

Specifically, in the same manner as before the amendment, employers with 11 or more employees are required to pay employees for their first three days of jury service. As was previously required, in situations where an employee’s wages for time spent absent from work due to jury duty would be equal to or higher than the jury fee, the employer is responsible for paying at least the jury fee. Prior to the June 2025 amendment, in such cases, an employer was required to pay at least $40 per day. Now, employers must pay at least $72 per day.

As was also previously required, when an employee’s daily wages for time spent absent from work would be lower than the daily jury fee (now $72 per day), the employer must pay the entirety of such daily wages. The employee is then entitled to an allowance (to be paid by the state) equal to the difference between the amount of the employee’s daily wages and $72.

While the Judiciary Law provides that the employer may withhold wages after satisfying the requirement to pay an employee for their first three days of jury service, employers must consider other relevant factors. For example, in accordance with provisions of the Fair Labor Standards Act, the New York Labor Law, applicable collective bargaining agreements, and/or company policies, some employers may still be required to pay certain categories of employees for additional time that they are absent from work due to jury duty.

As a reminder, employers are also required to comply with Section 519 of the Judiciary Law, which provides that “any person who is summoned to serve as a juror [] and who notifies their employer to that effect prior to the commencement of a term of service shall not, on account of absence from employment by reason of such jury service, be subject to discharge or penalty.”

Pursuant to Section 750 of the Judiciary Law, an employer may be “punish[ed] for a criminal contempt” if they are found guilty of “subjection of an employee to discharge or penalty on account of his absence from employment by reason of jury or subpoenaed witness service.” Section 751 of the Judiciary Law provides that such punishment may be by fine, up to $1,000, or by imprisonment for up to 30 days, or both. 

If an employer has questions about its obligations to an employee when it receives notice that its employee has been summoned to serve as a juror or witness, please contact counsel.