Massachusetts General Laws
Chapter 234a - Office of Jury Commissioner for the Commonwealth
Section 60 - Employer Liability for Failure to Pay Juror-Employee

Section 60. Any employer who fails to compensate a juror-employee under the applicable provisions of this chapter and who has not been excused from such duty or compensation shall be liable to the juror-employee in tort. Upon the expiration of thirty days after the tender of the juror service certificate to the employer, the juror may commence a civil action in any superior or district court having jurisdiction over the parties. Extreme financial hardship on the employer shall not be a defense to this action. The court may award treble damages and reasonable attorney fees to the juror upon a finding of wilful conduct by the employer.

Structure Massachusetts General Laws

Massachusetts General Laws

Part III - Courts, Judicial Officers and Proceedings in Civil Cases

Title II - Actions and Proceedings Therein

Chapter 234a - Office of Jury Commissioner for the Commonwealth

Section 1 - Application of Chapter to Particular Counties

Section 2 - Judicial Districts; Eligibility for Jury Service

Section 3 - Juror Service

Section 4 - Disqualification From Juror Service

Section 5 - Office of Jury Commissioner

Section 6 - Jury Management Advisory Committee

Section 7 - Jury Commissioner and Staff; Appointment; Salaries

Section 8 - Rules of Court; Regulations

Section 9 - Liability of Cities and Towns

Section 10 - Numbered Resident List

Section 11 - Numbered Resident File

Section 12 - Number of Prospective Jurors

Section 13 - Random Selection of Prospective Jurors

Section 14 - Typewritten Lists From Cities and Towns Not Submitting Numbered Resident Files

Section 15 - Preparation of Prospective Juror List

Section 16 - Master Juror List; Random Shuffling; Summoning Jurors in Sequence

Section 17 - Letter of Venire

Section 18 - Discretionary Determination of Number of Jurors to Be Summoned

Section 19 - Juror Summons; Contents; Postcard Summons

Section 20 - Notice of Qualifications for Juror Service for Each Juror Summoned

Section 21 - Juror Confirmation Form Included With Summons Other Than Postcard Summons

Section 22 - Confidential Juror Questionnaire for Each Prospective Juror

Section 23 - Use of Juror Questionnaire During Voir Dire

Section 24 - Response to Postcard Summons; Response to Juror Summons Sent by First-Class Mail

Section 25 - Final Summons

Section 26 - Summoning of Additional Grand or Trial Jurors; Response; Final Summons

Section 27 - Time and Manner of Service of Additional Jurors

Section 27a - Questioning of Summoned Juror

Section 28 - Cancellation of Juror Service

Section 29 - Modification of Juror Service

Section 30 - Standby Jurors

Section 30a - Talesmen

Section 31 - Presentation by Juror to Clerk of Summons, Questionnaire and Notices

Section 32 - Wilful Misrepresentations in Juror Questionnaire

Section 33 - Criminal History Records of Jurors

Section 34 - Postponement of Term of Juror Service

Section 35 - Juror Service Performed at Any Location Within Judicial District

Section 36 - Notice of Date of Postponement or Request for Location Transfer

Section 37 - Postponement for Reasons of Important Business of Commonwealth or United States

Section 38 - Availability for Juror Service by Telephone Notice

Section 39 - Deferment or Advancement Of, or Excuse From, Juror Service; Term Limitations; Dismissal or Discharge of Juror

Section 40 - Length of Trial; Excuse of Juror

Section 41 - Length of Term of Service of Jurors

Section 42 - Enforcement of Chapter

Section 43 - Delinquency Notice

Section 44 - Criminal Complaint for Delinquent Juror

Section 45 - Studies, Research and New Procedures

Section 46 - Delegation of Authority to Jury Commissioner

Section 47 - Compensation and Reimbursement Policy

Section 48 - Payment of Regularly Employed Jurors

Section 49 - Employers or Self-Employed Jurors Excused From Payment

Section 50 - Reimbursement of Unemployed Jurors for Expenses

Section 51 - Payment of Trial Juror by Commonwealth

Section 52 - Grand Juror Financial Questionnaire

Section 53 - Private Hearing to Determine Rate of Compensation of Grand Juror

Section 54 - Payment of Grand Juror by Commonwealth

Section 55 - Compensation of Absent, Alternate, Standby Jurors and Jurors on Telephone Notice; Credit During Adjournments

Section 56 - Special Awards of Compensation and Reimbursement; Expenses; Special Arrangements

Section 56a - Meals for Jurors in Accordance With Their Religious Requirements

Section 57 - Juror Service Certificate; Contents

Section 58 - Juror Service Certificates; Tender to Employer for Compensation

Section 59 - Form of Payment of Grand and Trial Jurors Paid by Commonwealth

Section 60 - Employer Liability for Failure to Pay Juror-Employee

Section 61 - Violation of Sec. 60; Harassment, Etc. of Employee

Section 62 - Trial Juror's Handbook

Section 63 - Telephone Lines Established by Office of Jury Commissioner

Section 64 - Juror Orientation

Section 65 - Welcoming Address to Jurors

Section 66 - Judicial Discretion Hearing With Juror or Employer

Section 67 - List of Grand and Trial Jurors Expected to Appear Sent or Delivered to Appropriate Clerks of Court

Section 67a - Examination of Jurors

Section 67b - Peremptory Challenges

Section 67c - Certain Interests Not to Disqualify

Section 67d - Voir Dire Procedures

Section 68 - Additional Jurors Impanelled; Alternate Jurors

Section 68a - Foreperson

Section 68b - Number of Jurors Required to Render Verdict; Instructions on Sufficient Numbers

Section 68c - Failure of Jury to Agree

Section 69 - Translators for Deaf Jurors

Section 69a - View by Jury

Section 70 - Instruction to Jury as to Occupation or Reputation of Other Jurors

Section 71 - Fraud in Processing or Selection of Jurors or Prospective Jurors

Section 72 - Preservation of Official Records and Papers Compiled and Maintained by Office of Jury Commissioner

Section 73 - Challenge of Array

Section 74 - Irregularities or Defects Causing Mistrial or Verdict to Be Set Aside

Section 74a - Gratuities

Section 75 - Use of Data Processing Equipment, Etc. and Electronic Telecommunications Systems

Section 76 - Contracts and Agreements With, and Gifts, Etc. From Governmental Units

Section 77 - Contracts, Agreements, Gifts, etc.; Deposit of Funds

Section 78 - Management of Jurors by Individual Courts

Section 79 - Annual Report of Jury Commissioner

Section 80 - Annual Conference of Participants