New York Legislature Increases Jury Duty Fee to $72 Per Day

For the first time in decades, the New York state Legislature has 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 2025-2026, which Gov. Kathy Hochul signed into law on May 9. Accordingly, as of June 8, 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 when 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. In such cases prior to the June 2025 amendment, employers were 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.

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, but 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 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. 

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 held in criminal contempt if it is 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 a fine of up to $1,000, imprisonment for up to 30 days, or both. 

Ira Wincott and Kerry Hardman are attorneys with Littler in Long Island, N.Y. © 2025 Littler. All rights reserved. Reposted with permission.