Serving on a jury is a civic duty that every citizen should take seriously. However, some employees may worry about how their jury service will affect their employment. Will they lose their pay, benefits, or even their job for taking time off to serve on a jury? What if their employer retaliates against them for performing their civic duty? Fortunately, California law protects employees from such adverse actions by their employers. In this article, we will explain your rights as an employee under Labor Code Section 230 and how we can help you if your employer violates them.
What is Labor Code Section 230?
Labor Code Section 230 is a California law that prohibits employers from discharging or discriminating against employees for taking time off to serve as required by law on an inquest jury or trial jury, provided that the employee gives reasonable notice to the employer that they are required to serve. This law also protects employees who are victims of crimes or abuse from retaliation for taking time off to appear in court as witnesses or to obtain relief.
What are the benefits of Labor Code Section 230?
Labor Code Section 230 provides several benefits for employees who serve on juries or who are victims of crimes or abuse. These include:
- The right to take unpaid leave from work for jury service or court appearances without fear of losing your job or facing other negative consequences from your employer.
- The right to use your accrued vacation, personal, or sick leave for jury service or court appearances if you choose to do so.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer discharges, discriminates, or retaliates against you for exercising your rights under this law.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of Labor Code Section 230?
Labor Code Section 230 does not cover every situation where an employee may need to take time off for jury service or court appearances. Some of the limitations of this law are:
- It does not require employers to pay employees for the time they spend on jury service or court appearances, unless the employer has a policy or agreement to do so.
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales, and certain computer employees.
- It does not protect employees who fail to give reasonable notice to their employers that they are required to serve on a jury or appear in court, unless the notice is not feasible.
- It does not protect employees who abuse their rights under this law by taking excessive or unnecessary time off for jury service or court appearances.
How can we help you if your employer violates Labor Code Section 230?
If you believe that your employer has violated your rights under Labor Code Section 230 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you for taking time off to serve on a jury or appear in court as a victim of a crime or abuse, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
