Assembly Bill A2671

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2671
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 21, 2025
                                ___________
 
 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] SUCH PERSON'S 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
 hereunder 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.
                                                            LBD05633-01-5
              

 A. 2671                             2
 
 who notifies [his or her] SUCH PERSON'S employer to that effect prior to
 the commencement of a term of service shall not, on account  of  absence
 from  employment by reason of such jury service, be subject to discharge
 or penalty. An employer may, however, withhold wages of any such employ-
 ee  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  criminal 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.