S T A T E O F N E W Y O R K
________________________________________________________________________
6758
2023-2024 Regular Sessions
I N A S S E M B L Y
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:
Section 1. Subdivision (a) of section 521 of the judiciary law, as
amended by chapter 302 of the laws of 2002, is amended to read as
follows:
(a) Except as provided in subdivision (b) of this section, trial and
grand jurors in each court of the unified court system shall be entitled
to an allowance equal to the [sum of forty dollars per day] APPLICABLE
MINIMUM WAGE UNDER SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW BASED
ON THE COURT'S LOCATION for each and every day of physical attendance
wherein the court convenes, except that no person who is employed shall
be entitled to receive such allowance if, pursuant to section five
hundred nineteen of this article, his or her employer is prohibited from
withholding the [first forty dollars of] wages of such person during
such period and such person's daily wages equal or exceed [forty
dollars] SUCH ALLOWANCE. [If such person's daily wages are less than
forty dollars, he or she shall be entitled to receive an allowance here-
under equal to the difference between forty dollars and the amount of
his or her daily wages.] Such fees and those expenses actually and
necessarily incurred in providing food and lodging for jurors shall be a
state charge payable out of funds appropriated to the office of court
administration for that purpose.
§ 2. Section 519 of the judiciary law, as added by chapter 85 of the
laws of 1995, is amended to read as follows:
§ 519. Right of juror to be absent from employment. Any person who is
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
who notifies his or her employer to that effect prior to the commence-
ment of a term of service shall not, on account of absence from employ-
ment by reason of such jury service, be subject to discharge or penalty.
An employer may, however, withhold wages of any such employee serving as
a juror during the period of such service; provided that an employer who
employs more than ten employees shall not withhold the [first forty
dollars of such] juror's daily wages during the first three days of jury
service. Withholding of wages in accordance with this section shall not
be deemed a penalty. Violation of this section shall constitute a crimi-
nal contempt of court punishable pursuant to section seven hundred fifty
of this chapter.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.