Yes. You do get paid for jury duty even if you’re not selected for a trial. Courts pay a flat daily fee for every day you report and check in, from the moment you arrive until you’re formally dismissed, regardless of whether you end up seated on a jury or sent home from the assembly room after an hour. In federal court that fee is $50 per day. In state and local courts it ranges from nothing to about $50, with most rates sitting well below the federal figure.
The fee isn’t wages. It’s a small stipend meant to help offset costs like parking, gas, and lunch. Whether you also keep getting paid by your employer during those days is a separate question with a separate set of rules.
What the Court Pays You
In federal court, juror pay is set by statute at $50 for each day of actual attendance.1Office of the Law Revision Counsel. 28 U.S. Code 1871 – Fees If a petit jury trial runs longer than ten days, the judge can raise the daily rate by up to $10 for each day beyond the tenth. Federal courts also reimburse mileage at the current federal per-mile rate, cover parking in some districts, and pay a subsistence allowance for meals and lodging if you’re required to stay overnight. Federal government employees don’t collect the $50 because they keep drawing their regular salary during jury service.2United States Courts. Juror Pay
State court pay is all over the map. A few states pay nothing for at least the first few days. Others come close to the federal rate. Most fall in the $10 to $30 range, and many add mileage or transit reimbursement on top. The exact figure will be on your summons, and the issuing court’s website will list it too if you no longer have the paperwork.
The key point for anyone who wasn’t selected: none of this depends on being seated. You earn the day’s fee by reporting and completing check-in. Sitting through voir dire and getting struck counts. Waiting in the assembly room all morning and being released at noon counts.
What Your Employer Owes You
The court’s stipend and your paycheck are two different things. Federal law does not require private employers to pay wages during jury service, but that isn’t the whole story.
Hourly and Non-Exempt Workers
The Fair Labor Standards Act doesn’t require employers to pay for time not worked, and jury duty falls into that category.3U.S. Department of Labor. Jury Duty If you’re paid hourly, your employer has no federal obligation to pay you for the days you spend at the courthouse. Plenty of employers do pay anyway, either as a benefit or under a union contract, but at the federal level it’s voluntary. Some states step in and require full or partial wage payment for a set number of jury days, or require employers to make up the difference between the court stipend and your regular pay. Rules vary by state, so your state labor department is the place to check.
Salaried Exempt Workers
The rules flip if you’re a salaried exempt employee. Your employer cannot dock your salary for a jury duty absence. If you do any work during a workweek in which you also serve, you’re entitled to your full weekly salary. Your employer can, however, offset the jury fees you collected from the court against your salary for that week, so a $50 court check can mean a $50 smaller paycheck without breaking the salary basis rules.4eCFR. 29 CFR 541.602 – Salary Basis
Self-Employed and Freelance Workers
If you work for yourself, the court stipend is all you get. No employer exists to top it up, and there’s no federal program that replaces lost self-employment income during jury service. If a long trial would cause real financial hardship, you can raise that with the judge during jury selection when hardships are asked about. Being excused is never guaranteed.
How and When the Court Pays
You’ll fill out attendance certification paperwork at the courthouse. Some courts handle it at the end of each day; others wait until your service is finished. That paperwork is what triggers your payment, so complete it before you leave. Most courts mail a check to the address on your summons, and two to five weeks is a typical processing window. Some federal districts pay on a fixed schedule, such as twice a month, and a growing number of courts issue payment through prepaid debit cards. If you’ve moved since the summons arrived, update your address with the jury clerk on your last day.
Ask for a certificate of service before you go. Your employer may need it to process jury leave or pay, and it’s useful proof if you’re summoned again before your exemption period runs out.
Taxes on Your Jury Pay
Jury duty pay is taxable income. The court doesn’t withhold anything, so you report the full amount on your federal return as other income on Schedule 1 (Form 1040), line 8h.5Internal Revenue Service. Publication 525 (2025), Taxable and Nontaxable Income If your total jury fees for the year reach $600 or more, the court will send you a 1099-MISC. Below that, you still report the income.
One offset is worth knowing about. If your employer pays your full salary during jury service but requires you to hand over the court fee, you can deduct the amount you turned over as an adjustment to income on Schedule 1 (Form 1040), line 24a.5Internal Revenue Service. Publication 525 (2025), Taxable and Nontaxable Income Without that deduction you’d be taxed on money you didn’t keep. Mileage and subsistence reimbursements from the court aren’t taxable.
Your Job Is Protected Either Way
Federal law makes it illegal for an employer to fire, threaten, intimidate, or coerce a permanent employee because of jury service, or even because of a scheduled appearance for jury service, in a federal court. That protection covers you whether or not you were ultimately selected. An employer who violates the statute can be ordered to pay back wages and benefits, reinstate you with full seniority, pay a civil penalty of up to $5,000 per violation per employee, and cover your attorney’s fees.6Office of the Law Revision Counsel. 28 U.S. Code 1875 – Protection of Jurors Employment Most states have parallel protections for state court service, with their own penalty structures.