Kwee

Joseph Caprai, an employee of appellant Southern California Permanente Medical Group (employer), was seated as a juror in the case People v. Kwee (Super. Ct. San Bernardino County, 1994, No. RCR-21654). After Caprai was seated as a juror, he discovered that the employer’s jury duty policy was to pay him only for those days he actually served as a juror. Juror Caprai complained to the court that the employer was going to require him to work as normally scheduled on every other weekend, or require him to use vacation days or unpaid time off if he wished to have a weekend day off on the weekends he was normally scheduled to work. The court ordered the employer to excuse Juror Caprai from weekend work and to nevertheless pay Caprai for those weekend days he did not work. The employer appeals from the order of February 17, 1994. We reverse.

Discussion

The order requiring the employer to both excuse Juror Caprai from weekend work and to compensate him for the excused weekend days not only determines the rights of the parties on the issue, it also directs the employer to pay money and/or to perform a particular act. The order is appealable as a final order on a collateral…