CACI VF-2703 Waiting-Time Penalty for Nonpayment of Wages (Lab. Code, §§ 203, 218)
California Civil Jury Instructions CACI
VF-2703 Waiting-Time Penalty for Nonpayment of Wages (Lab. Code, §§ 203, 218)
We answer the questions submitted to us as follows:
1.Did [name of plaintiff] perform work for [name of defendant]?
Yes No
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 defendant] discharge [name of plaintiff]?
Yes No
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] willfully fail to [pay/tender payment of] the full amount of wages earned by [name of plaintiff] on [his/her/nonbinary pronoun] last day of employment?
Yes No
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.For how many calendar days following [name of plaintiff]’s last day of employment did [name of defendant] willfully fail to [pay/tender payment of] the full amount of [name of plaintiff]’s wages? days.
Answer question 5.
5.What was [name of plaintiff]’s daily wage rate at the time [his/her/nonbinary pronoun] employment ended? $ per day.
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.
New September 2003; Revised June 2005, December 2010, December 2016
https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci
Directions for Use
This verdict form is based on CACI No. 2704, Damages—Waiting-Time Penalty for Nonpayment of Wages. Depending on the facts of the case, other factual scenarios can be substituted in questions 2, 3, and 4, as in elements 2, 3, and 4 in the instruction.
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.