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.