NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6758
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the judiciary law, in relation to setting the amount of
the allowance that trial and grand jurors are entitled to at the minimum
wage
PURPOSE OR GENERAL IDEA OF BILL:
To pay jurors minimum wage for their time served
SUMMARY OF PROVISIONS: Section 1 is amended to change the jury duty
allowance from $40 per day to the minimum wage based on the court's
location.
Section 2 is amended to state that employers with more than ten employ-
ees are still responsible for paying the first three days of jury duty
wages as is the case now).
Section 3 states that this act will take effect 60 days after it becomes
law.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
Currently, jurors are paid $40 per day. This allowance is either paid by
the state or by the juror's employer, depending on the size of the
employer and the length of jury service. For a full day of work, this
figure is -much lower than minimum wage. In order to ensure a fair judi-
cial process, juries should be representative of the diversity of our
state. Lower-income jurors are'disproportionately harmed by the low
compensation rate. By increasing the pay for jury duty to the minimum
wage, all New Yorkers will be better able to afford to fulfill their
jury duty. This will ensure a true jury of one's peers.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act will take effect 60 days after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6758
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Judiciary
AN ACT to amend the judiciary law, in relation to setting the amount of
the allowance that trial and grand jurors are entitled to at the mini-
mum wage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 521 of the judiciary law, as
2 amended by chapter 302 of the laws of 2002, is amended to read as
3 follows:
4 (a) Except as provided in subdivision (b) of this section, trial and
5 grand jurors in each court of the unified court system shall be entitled
6 to an allowance equal to the [sum of forty dollars per day] applicable
7 minimum wage under section six hundred fifty-two of the labor law based
8 on the court's location for each and every day of physical attendance
9 wherein the court convenes, except that no person who is employed shall
10 be entitled to receive such allowance if, pursuant to section five
11 hundred nineteen of this article, his or her employer is prohibited from
12 withholding the [first forty dollars of] wages of such person during
13 such period and such person's daily wages equal or exceed [forty
14 dollars] such allowance. [If such person's daily wages are less than
15 forty dollars, he or she shall be entitled to receive an allowance here-
16 under equal to the difference between forty dollars and the amount of
17 his or her daily wages.] Such fees and those expenses actually and
18 necessarily incurred in providing food and lodging for jurors shall be a
19 state charge payable out of funds appropriated to the office of court
20 administration for that purpose.
21 § 2. Section 519 of the judiciary law, as added by chapter 85 of the
22 laws of 1995, is amended to read as follows:
23 § 519. Right of juror to be absent from employment. Any person who is
24 summoned to serve as a juror under the provisions of this article and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10790-01-3
A. 6758 2
1 who notifies his or her employer to that effect prior to the commence-
2 ment of a term of service shall not, on account of absence from employ-
3 ment by reason of such jury service, be subject to discharge or penalty.
4 An employer may, however, withhold wages of any such employee serving as
5 a juror during the period of such service; provided that an employer who
6 employs more than ten employees shall not withhold the [first forty
7 dollars of such] juror's daily wages during the first three days of jury
8 service. Withholding of wages in accordance with this section shall not
9 be deemed a penalty. Violation of this section shall constitute a crimi-
10 nal contempt of court punishable pursuant to section seven hundred fifty
11 of this chapter.
12 § 3. This act shall take effect on the sixtieth day after it shall
13 have become a law.
