If an employee gets paid off the books, can his employer legally not pay him taking off for jury duty?
- Little PrincessLv 72 months ago
In most states, employers are not required to pay employees when they have jury duty. Many employers do so as part of the benefits package (along with sick leave, vacation time, holiday pay, etc).
Alabama, Colorado, Connecticut, Louisiana, Massachusetts, Nebraska, New York, and Tennessee do require employers to pay for jury duty time. Whether on the books or off the books doesn't matter. Employers are legally required to pay for jury time. It then just becomes a matter of whether the "employee" is willing to sacrifice their "off the books" status in order to get paid while on jury duty. One cannot expect the law to come to their defense when they're skirting the law to begin with.
- STEPHENLv 72 months ago
Being paid "off the books" is completely illegal, so the employer can do whatever he wants.
The "employee" doesn't show up on any records with the company.
- NosehairLv 72 months ago
In my state an employer is not legally obligated to pay an employee for missing work to attend jury duty. Being paid "off the books" simply makes the employee an independent contractor without employee benefits.
- PAMELALv 72 months ago
They are not working legally so they have no protection, the employer can do what they like.
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- linkus86Lv 72 months ago
If an employee gets paid off the books, that employee is not an employee at all. Plus any actual employee isn't legally required to be paid by their employer (unless they have a labor contract stating otherwise) when they have jury duty. Correction: There are 8 states that do: Alabama, Connecticut, Louisiana, Massachusetts, Nebraska, New York and Tennessee.
- Anonymous2 months ago
You're not even an employee. You're someone committing the crime of tax evasion. But sure, go ahead and file a complaint with the state labor board.
- David SLv 72 months ago
If an employee is being paid off the books, he's not even a legal employee, so he would have no complaint about not being paid for jury duty.
- SlickterpLv 72 months ago
An employer never has an obligation to pay you for time off for jury duty.
- MandyLv 62 months ago
It’s not legal to pay people off the books. Why would you think there is a legal duty to pay you for jury duty?
- Patrick4024Lv 72 months ago
Yes he can. In fact, some states allow an employer to not pay someone for jury duty, even if they are wage earners.