Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

26 | Massachusetts Wage & Hour Peculiarities, 2022 ed. © 2022 Seyfarth Shaw LLP service. 113 For jury service beyond three days, the Commonwealth pays the juror on a per diem basis at a rate of $50 per day, and employers may decide whether or not to pay any difference between the Commonwealth’s payment and the juror’s regular wages. 114 Violation of this law constitutes contempt of court and may subject the employer to civil contempt penalties. 115 In addition to the prohibition against discharge, an employer may not harass, threaten, or coerce an employee for performing jury duty or for exercising any rights under the jury duty laws. 116 The law prohibits an employer from imposing compulsory work assignments on an employee or engaging in any “intentional act which will substantially interfere with the availability, effectiveness, attentiveness, or peace of mind of the employee” during the performance of his or her jury duty. A violation of this provision constitutes a crime and subjects the employer to a fine of up to $5,000. The statute also gives the employee the right to bring a civil suit against his or her employer for monetary damages and injunctive relief. 117 Injunctive relief may include reinstatement of a discharged employee or any other action the court may deem appropriate to remedy the violation of the statute. Upon a finding of willful conduct, the court may award treble damages and reasonable attorneys’ fees to the juror. 118 2. Massachusetts Employees Subpoenaed to Testify in a Criminal Action Employers may not discharge or penalize employees on account of absences for witness service in criminal actions. 119 An employer that violates this rule may be punished by a fine of $200.00 or less or by imprisonment for one month or less, or both a fine and imprisonment. 120 The statute is silent on whether an employer must pay an employee who misses work because he or she is subpoenaed to testify in a criminal action, suggesting that there is no such obligation. 113 Id. 114 M.G.L. ch. 234A, § 51. 115 M.G.L. ch. 268, § 14A. 116 Id.; M.G.L. ch. 234A, § 61. 117 M.G.L. ch. 234A, § 60; M.G.L. ch. 234A, § 61. 118 M.G.L. ch. 234A, §§ 60-61 (stat ing that any willful violat ion of M.G.L. ch. 234A, § 60 will const itute a violat ion of M.G.L. ch. 234A, § 61). 119 M.G.L. ch. 268, § 14B (penalizing employees is barred, provided that the employer receives not ification “of such subpoena prior to the day of [the employee’s] at tendance”); M.G.L. ch. 258B, § 3(l). 120 M.G.L. ch. 268, §§ 14A and 14B; M.G.L. ch. 258B, § 3(l). Federal law protect s employees who are selected to serve on a federal grand jury. The federal statute states: “No employer shall discharge, threaten to discharge, int imidate, or coerce any permanent employee by reason of such employee’s jury service, or the at tendance or scheduled at tendance in connect ion with such service, in any court of the United States.” 28 U.S.C. § 1875(a). Employers that violate the statute (1) are “ liable for damages for any loss of wages or other benefit s . . . ”; (2) “may be enjoined from further violat ions of [the jury duty statute] and ordered to provide other appropriate relief,” including reinstatement of a discharged employee; and (3) may “be subject to a civil penalty of not more than $5,000 for each violat ion as to each employee . . . .” 28 U.S.C. § 1875(b).