156 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP leave or any other action the court deems appropriate to remedy the violation of the SNLA. If the employee prevails, they will be entitled to treble damages, costs of the litigation, and reasonable attorneys’ fees.946 F. Civic Duty Leaves 1. Massachusetts Jury Duty Leave Massachusetts law prohibits the discharge of an employee for missing work due to service on a jury.947 Employers must pay regular wages for the first three days of jury duty served by any regular employee, including any part-time, temporary, or casual employee.948 The court presiding over the jury trial has the authority to excuse an employer from making these payments if the employer can show extreme financial hardship.949 If an employer is excused, the court will award the juror reasonable compensation of $50.00 or less in lieu of wages for the first three days of service.950 For jury service beyond three days, the Commonwealth pays the juror on a per diem basis at a rate of $50.00 per day, and employers may decide whether or not to pay any difference between the Commonwealth’s payment and the juror’s regular wages.951 Violation of this law constitutes contempt of court and may subject the employer to civil contempt penalties.952 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.953 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 their 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 their employer for monetary damages and injunctive relief.954 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.955 946 M.G.L. ch. 149, § 150. 947 M.G.L. ch. 268, § 14A. 948 M.G.L. ch. 234A, § 48. 949 M.G.L. ch. 234A, § 49. 950 Id. 951 M.G.L. ch. 234A, § 51. 952 M.G.L. ch. 268, § 14A. 953 Id.; M.G.L. ch. 234A, § 61. 954 M.G.L. ch. 234A, § 60; M.G.L. ch. 234A, § 61. 955 M.G.L. ch. 234A, §§ 60-61 (stating that any willful violation of M.G.L. ch. 234A, § 60 will constitute a violation of M.G.L. ch. 234A, § 61).
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