California Civil Jury Instructions (CACI) (2017)

VF-2702. Nonpayment of Overtime Compensation (Lab. Code, § 1194)

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VF-2702.Nonpayment of Overtime Compensation (Lab. Code,
§ 1194)
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] perform work for [name of defendant]?
1. Yes No
1. If your answer to question 1 is yes, then answer question 2. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
2. Did [name of plaintiff] work overtime hours?
2. Yes No
2. If your answer to question 2 is yes, then answer question 3. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
3. Did [name of defendant] know, or should [name of defendant] have
known, that [name of plaintiff] had worked overtime hours?
3. Yes No
3. If your answer to question 3 is yes, then answer question 4. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
4. Was [name of plaintiff] paid at a rate lower than the legal
overtime compensation rate for any overtime hours that [he/she]
worked for [name of defendant]?
4. Yes No
4. If your answer to question 4 is yes, then answer question 5. If
you answered no, stop here, answer no further questions, and
have the presiding juror sign and date this form.
5. What is the amount of wages owed? $
Signed: Presiding Juror
Dated:
After [this verdict form has/all verdict forms have] been signed, notify
the [clerk/bailiff/court attendant] that you are ready to present your
verdict in the courtroom.
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New September 2003; Revised December 2010, June 2015, December 2016
Directions for Use
This verdict form is based on CACI No. 2702, Nonpayment of Overtime
Compensation—Essential Factual Elements.
The special verdict forms in this section are intended only as models. They may
need to be modified depending on the facts of the case.
If there are multiple causes of action, users may wish to combine the individual
forms into one form. If different damages are recoverable on different causes of
action, replace the damages tables in all of the verdict forms with CACI No. VF-
3920, Damages on Multiple Legal Theories.
If the jury is being given the discretion under Civil Code section 3288 to award
prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801,
814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest.
This verdict form may need to be augmented for the jury to make any factual
findings that are required in order to calculate the amount of prejudgment interest.
VF-2702 LABOR CODE ACTIONS
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