JUROR COMPENSATION:
Trial and Grand Jurors

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JUROR COMPENSATION FOR THE FIRST THREE DAYS OF JUROR SERVICE OR PART THEREOF	JUROR RECOURSE IF NOT PAID BY EMPLOYER
JUROR COMPENSATION FROM THE FOURTH DAY AND AFTER	NIGHT SHIFT EMPLOYEES
COMPENSATION FOR UNEMPLOYED JURORS	PROOF OF JUROR SERVICE
INFORMATION FOR SELF-EMPLOYED JURORS	INFORMATION FOR EMPLOYERS: RIGHTS AND OBLIGATIONS

M.G.L. Chapter 234A, Section 47
The compensation and reimbursement policy of this chapter shall be to prevent financial hardship from being imposed upon any juror because of performance of juror service insofar as possible. Where financial hardship exists, the court shall attempt to place the juror into the same financial position as such juror would have been were it not for the performance of juror service. The jury commissioner may issue regulations, not inconsistent with this chapter, further defining rights and obligations of jurors and employers with respect to compensation and reimbursements to jurors during such service.

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JUROR COMPENSATION FOR THE FIRST 3 DAYS OF SERVICE OR PART THEREOF OF SERVICE:

If you miss work because of your juror service, your employer must pay you your regular wages for the first three days or part thereof of jury service, unless the employer is relieved of this obligation by the court. All employees, be they full-time, part-time, temporary, or casual, must be compensated by their employers for work hours missed.  

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JUROR COMPENSATION FROM THE 4TH DAY OF SERVICE ONWARD:

-For Trial Jurors Only:

Upon the fourth day and everyday thereafter, the Commonwealth compensates trial jurors at a rate of $50.00 per day. 

-For Grand Jurors Only:

The amount of compensation grand jurors are paid by the Commonwealth for the fourth day and everyday thereafter will be determined by the court upon submission of the Confidential Financial Questionnaire, but may not exceed $50.00 per day.

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PROOF OF JUROR SERVICE:

-As evidence that they have performed juror service, each week, the Office of Jury Commissioner will mail Juror Service Certificates to those jurors who have served during the previous week.  The Certificate sets forth the date(s) served and lists compensation, if any, due from the Commonwealth.  Two copies of the Certificate are mailed to the juror: one to be kept as a personal record of juror service, and a copy for the juror to present to his or her employer.

-If the Juror Service Certificate indicates that the juror is due compensation from the Commonwealth, a check will be mailed separately.

-If a juror's service extends beyond one weekly period (Monday through Friday) into another weekly period, a week later that person will receive an additional Certificate listing dates served for the second weekly period.  Thus, Juror Service Certificates are issued much the same as a weekly paycheck.

Click the thumbnail on the right
to view the front side of a typical Juror Service Certificate

 

 

 

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to view the back side of a typical Juror Service Certificate

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INFORMATION FOR EMPLOYERS: RIGHTS AND OBLIGATIONS:

-Relevant Portions of the Massachusetts jury statute, M.G.L., c. 234A

Compensation of Employed Jurors During First Three Days of Service:

Section 48. Each regularly employed trial or grand juror shall be paid regular wages by his employer for the first three days, or part thereof, of juror service. Regular employment shall include part-time, temporary, and casual employment.... Each self-employed trial or grand juror shall compensate himself for the first three days, or part thereof, of juror service.

Employer's or Self Employed Juror's Financial Hardship:

Section 49. The court shall have the authority to excuse an employer from the duty to compensate a juror-employee or to excuse a self-employed juror from the duty to compensate himself for the first three days, or part thereof, of trial or grand juror service upon a finding that extreme financial hardship would be imposed upon the employer or self-employed juror if such duty were not removed. If an employer or self-employed juror is so excused, the court shall award reasonable compensation in lieu of wages to the juror to be paid by the commonwealth for the first three days, or part thereof, of juror service. Such award shall not exceed fifty dollars per day of trial or grand juror service. The hearing on the employer's extreme financial hardship shall occur no later than thirty days after the tender of the juror service certificate to the employer.

Enforcement of Employer's Duty to Compensate Jurors:

Section 60. Any employer who fails to compensate a juror-employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror-employee in tort. Upon expiration of thirty days after the tender of the juror service certificate to the employer, the juror may commence a civil action in any superior or district court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to this action. The court may award treble damages and reasonable attorney's fees to the juror upon a finding of willful conduct by the employer.

Harassment by Employer; Penalties and Enforcement:

Section 61. Any willful violation of section sixty of this chapter by an employer shall also constitute a violation of this section. A juror seeking a civil remedy against an employer shall have an election to proceed either under section sixty or under this section. An employer shall not deprive a juror-employee of his employment or any incidents or benefits thereof, nor shall an employer harass, threaten, or coerce an employee because the employee has received a juror summons, responds thereto, performs any obligation or election of juror service as a grand or trial juror, or exercises any right under any section of this chapter. An employer shall not impose compulsory work assignments upon any juror-employee nor shall the employer do any other intentional act which will substantially interfere with the availability, effectiveness, attentiveness, or peace of mind of the employee during the performance of his juror service. Any employer who violates this section shall be guilty of a crime and, upon conviction may be punished by a fine of not more than five thousand dollars. Any employer who violates this section also shall be liable in tort to the juror-employee. The juror-employee may commence a civil action in the superior court for such damages and injunctive relief as may be appropriate. The court may award treble damages and reasonable attorney's fees to the juror upon a finding of willful conduct by the employer. The legal counsel for the office of jury commissioner may submit an application for the issuance of a criminal complaint in any court of competent jurisdiction against an employer who has violated this section or section sixty.

-Effects of Massachusetts Jury Law on Out of State Employers: Massachusetts General Laws, Chapter 234A, section 48 requires employers to compensate their employees for the first three days or part thereof of jury duty.  Sections 60 and 61 of this same law provides for the imposition of civil and criminal actions against those employers who fail to comply.  Enforcement of Chapter 234A rests upon only the slightest business connection with the Commonwealth by the employer who is not in compliance.

-Relevant Section of M.G.L., c. 234A:

Enforcement of Employer's Duty to Compensate Jurors:

Section 60. Any employer who fails to compensate a juror-employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror-employee in tort. Upon expiration of thirty days after the tender of the juror service certificate to the employer, the juror may commence a civil action in any superior or district court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to this action. The court may award treble damages and reasonable attorney's fees to the juror upon a finding of willful conduct by the employer.

-An employee in such a situation may contact our Legal Department at (617) 422-5860 for further information, or write to:

OFFICE OF JURY COMMISSIONER
ATTN: LEGAL DEPT. / RE: COMPENSATION
560 HARRISON AVENUE, SUITE 600
BOSTON, MA. 02118-2447

-are not required to work beyond midnight of the night before their first day of juror service;

-may not work while they are impaneled on a trial unless authorized by the trial judge;

-may not be required to work on their last day of service if they are released by the court after 4:00 p.m..

THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF JURY COMMISSIONER  R E G U L A T I O N    I V [Official Regulation as per M.G.L., c. 234A, §8]  Night Shift Work Assignments During Juror Service:     4.1 A juror's primary obligation is to perform juror service. A juror must be free from compulsory non-jury work assignments insofar as any such assignment might interfere with the juror's availability, effectiveness, or peace of mind. A juror must refrain from any activity which might interfere with his or her effectiveness as a juror. The court will take appropriate action to insure compliance with these principles.     4.2 Applying these principles to night shifts under the One Day/One Trial system, the following policies should apply: A juror shall not work nor shall he or she be required to work beyond midnight on the day preceding his or her first day of juror service. A juror selected for a trial shall not work nor shall he or she be required to work a night shift during his or her term of juror service. A juror may be required to work a night shift on the day on which he or she has been finally discharged from juror service provided such discharge occurs not later than 4:00 p.m.     4.3 A juror who is duly excused from working because of juror service shall not be released nor penalized by his or her employer because of performing juror service.     4.4 See John Bath & Co., Inc. vs. Commonwealth, 348 Mass 78 (1964) as authority for some of the above policies. Effective Date as per Order of the Supreme Judicial Court: December 1, 1983

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COMPENSATION FOR UNEMPLOYED JURORS:

-Relevant Section of M.G.L., c. 234A:

Reimbursement of Unemployed Jurors During First Three Days of Service:

Section 50. Each unemployed trial or grand juror upon application shall be reimbursed by the commonwealth for reasonable travel, child-care, and other necessary out-of-pocket expenses, except food, incurred during the first three days, or part thereof, of juror service. The office of jury commissioner, with the approval of the committee, shall establish guidelines for reimbursement of jurors under this section. Each reimbursement award falling outside such guidelines shall be approved by the court prior to such reimbursement. A reimbursement award under this section shall not exceed fifty dollars per day of juror service. Any juror who is not regularly employed as provided in section forty-eight, including but not limited to retired persons, homemakers, students, and unemployed persons, shall be entitled to reimbursement upon application under this section. The application for reimbursement by a juror under this section shall be made prior to or during the judicial discretion hearings on the first morning of the term of service of such juror. An unemployed trial or grand juror receiving benefits under the laws of employment security of this commonwealth shall not lose such benefits because of his performance of the first three days of juror service.

-Jurors seeking reimbursement under Section 50, may request a reimbursement form when they appear on their scheduled date of service.

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INFORMATION FOR SELF-EMPLOYED JURORS:

-Relevant Section of the Massachusetts jury statute, M.G.L., c. 234A

Compensation of Employed Jurors During First Three Days of Service:

Section 48. ...Each self-employed trial or grand juror shall compensate himself for the first three days, or part thereof, of juror service.

-A self-employed juror has the opportunity to discuss any perceived hardship with a judge on the day he/she reports.  Upon a finding of hardship, a judge can limit the term of a juror's service, and/or approve compensation in an amount up to $50.00 per day.

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Trial Juror Service    Grand Juror Service    Federal Juror Service    Navigational Map of this Site
Courthouse Information      About the Massachusetts Jury System      The Source List
Summonsing to Service      Delinquent Juror Prosecution Program      Public Outreach Program
Related Materials      Related Links      Frequently Asked Questions    Go Back to the Home Page