CACI No. 2754. Reporting Time Pay - Essential Factual Elements
Judicial Council of California Civil Jury Instructions (2022 edition)
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2754.Reporting Time Pay - Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] scheduled or otherwise
required [him/her/nonbinary pronoun] to [report to work/report to work
for a second shift] but when [name of plaintiff] reported to work, [name of
defendant] [failed to put [name of plaintiff] to work/furnished a shortened
[workday/shift]]. To establish this claim, [name of plaintiff] must prove all
of the following:
1. That [name of defendant] was [a/an] [employer/[specify other
covered entity]];
2. That [name of plaintiff] was an employee of [name of defendant];
3. That [name of defendant] required [name of plaintiff] to report to
work for one or more [workdays/second shifts];
4. That [name of plaintiff] reported for work; and
5. That [name of defendant] [failed to put [name of plaintiff] to work/
furnished less than [half of the usual day’s work/two hours of
work on a second shift]].
If you find that [name of plaintiff] has proved all of the above elements,
you must determine the amount of wages [name of defendant] must pay
to [name of plaintiff]. For each workday when an employee reports to
work, as required, but is either not put to work or furnished with less
than half the usual day’s work, the employer must pay wages for half
the usual or scheduled day’s work at the employee’s regular rate of pay
(and in no event for less than two hours or more than four hours).
[Name of plaintiff]’s regular rate of pay in this case is [specify amount].
[For each occasion when an employee is required to report for a second
shift in the same workday but is furnished less than two hours of work,
the employer must pay wages for two hours at the employee’s regular
rate of pay.]
“Workday” means any consecutive 24-hour period beginning at the same
time each calendar day.
New November 2021
Directions for Use
This instruction is intended to instruct the jury on factual determinations required
for the judge to then calculate damages for the defendant’s failure to pay reporting
time under section 5 of the Industrial Welfare Commission’s wage orders. (Cal.
Code Regs., tit. 8, § 11010, subd. 5, § 11020, subd. 5, § 11030, subd. 5, § 11040,
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subd. 5, § 11050, subd. 5, § 11060, subd. 5, § 11070, subd. 5, § 11080, subd. 5,
§ 11090, subd. 5, § 11100, subd. 5, § 11110, subd. 5, § 11120, subd. 5, § 11130,
subd. 5, § 11140, subd. 5, § 11150, subd. 5, and § 11160, subd. 5.)
Select the appropriate bracketed language in the introductory paragraph and
elements 3 and 5, and indicate whether the plaintiff was not provided work at all or
was provided a shortened shift, or both, in the introductory paragraph and element
5. If the case involves both first and second shifts, the instruction will need to be
modified.
Element 1 may be omitted if there is no dispute regarding the defendant’s status as
an employer.
Include the bracketed next to last paragraph only if the plaintiff claims that the
defendant required the plaintiff to report for work a second time in a single
workday.
Sources and Authority
• “Employee” and “Employer” Defined. Title 8 California Code of Regulations
sections 11010-11160.
• “Person” Defined. Lab. Code section 18.
• Reporting Time Pay. Title 8 California Code of Regulations sections
11010-11160 (subd. 5 of each section).
Secondary Sources
3 Witkin, Summary of California Law (11th ed. 2017) Agency and Employment,
§ 432
1 Wilcox, California Employment Law, Ch. 1, Overview of Wage and Hour Laws,
§ 1.05; Ch. 3, Determining Compensable Hours and Proper Payment Amounts,
§ 3.13 (Matthew Bender)
21 California Forms of Pleading and Practice, Ch. 250, Employment Law: Wage and
Hour Disputes, § 250.71 (Matthew Bender)
2755-2799. Reserved for Future Use
CACI No. 2754 LABOR CODE ACTIONS
82
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© Judicial Council of California.
