Legal Question in Employment Law in Georgia

I recently received a summons for jury duty in Gwinnett County, Georgia. When I brought this to my employer's attention, I was told that I would have my hours cut for that week -- from 40 hours to 16 hours -- and that I would be paid only for the hours I worked. I looked at Georgia state law regarding this issue and found this: http://sca.cobbcountyga.gov/downloads/juror_forms/GeorgiaStateLaw.pdf

This clearly states that "An employee is entitled to be paid his salary while missing work to serve on jury duty." However, my employer is arguing that since I am an hourly employee, this does not apply to me.

Is there anything that I can do to resolve this issue? I do not mind performing my civic duty and serving on a jury, but it simply is not feasible for me to do this if I am facing a 75% pay cut because I have financial obligations which must be met.


Asked on 7/19/11, 9:52 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Nothing in Georgia law requires the employer to pay you. They simply can't fire or discipline you. Most good employers do still pay their employers, but that is their choice.

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Answered on 7/19/11, 12:21 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Let me add that the attorney general opinion you read applies to salaried employees who are paid regardless of hours worked, and not to hourly employees.

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Answered on 7/19/11, 12:22 pm


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