Employers with 10 or fewer employees can withhold pay of an employee out for jury duty. The Fair Labor Standards Act (FLSA) does not require payment for time not worked, including jury duty.This type of benefit is generally a matter of agreement. (g) No employer shall be obligated to compensate an employee for time taken off for jury duty. Your job is legally protected while serving on jury duty, but your employer is not obligated to pay you for time missed. You don't have to give jury duty pay unless your state laws say otherwise. Civil Service employees are granted jury duty leave with pay at the employee's regular rate for non-overtime scheduled hours for the duration of jury duty. How can I get out of jury duty in Illinois without getting into legal trouble or having to pay fines? This interview will help you determine if the payment you received for jury duty is taxable. Information you'll need