CACI No. 2754. Reporting Time Pay - Essential Factual Elements

Judicial Council of California Civil Jury Instructions (2023 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 hours, the employer must pay wages for half
the usual or scheduled day’s hours 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; Revised May 2022
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.
Modify the instruction as appropriate if the plaintiff claims that the defendant
required telephonic reporting to work before the start of a potential shift. (See Ward
v. Tilly’s, Inc. (2019) 31 Cal.App.5th 1167, 1171 [243 Cal.Rptr.3d 461].)
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).
“We conclude that the on-call scheduling alleged in this case triggers Wage
Order 7’s reporting time pay requirements. As we explain, on-call shifts burden
employees, who cannot take other jobs, go to school, or make social plans
during on-call shifts - but who nonetheless receive no compensation from [the
defendant] unless they ultimately are called in to work. This is precisely the kind
of abuse that reporting time pay was designed to discourage.” (Ward, supra, 31
Cal.App.5th at p. 1171.)
“[W]e conclude, contrary to the trial court, that an employee need not
necessarily physically appear at the workplace to ‘report for work.’ Instead,
‘report[ing] for work’ within the meaning of the wage order is best understood
as presenting oneself as ordered. ‘Report for work,’ in other words, does not
have a single meaning, but instead is defined by the party who directs the
manner in which the employee is to present himself or herself for work - that is,
by the employer. [¶] As thus interpreted, the reporting time pay requirement
operates as follows. If an employer directs employees to present themselves for
work by physically appearing at the workplace at the shift’s start, then the
reporting time requirement is triggered by the employee’s appearance at the
jobsite. But if the employer directs employees to present themselves for work by
logging on to a computer remotely, or by appearing at a client’s jobsite, or by
setting out on a trucking route, then the employee ‘reports for work’ by doing
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those things. And if, as plaintiff alleges in this case, the employer directs
employees to present themselves for work by telephoning the store two hours
prior to the start of a shift, then the reporting time requirement is triggered by
the telephonic contact.” (Ward, supra, 31 Cal.App.5th at p. 1185, original
italics.)
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)
2755-2759. Reserved for Future Use
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