CACI No. VF-2708. Meal Break Violations - Employer Records Showing Noncompliance (Lab. Code, §§ 226.7, 512)
Judicial Council of California Civil Jury Instructions (2024 edition)
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VF-2708.Meal Break Violations - Employer Records Showing
Noncompliance (Lab. Code, §§ 226.7, 512)
We answer the questions submitted to us as follows:
1. Did [name of plaintiff] work for [name of defendant] for one or
more workdays for a period lasting longer than five hours?
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. Do [name of defendant]’s records show any missed meal breaks,
meal breaks of less than 30 minutes, or meal breaks taken too
late in a workday?
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. How many meal breaks do the records show as missed, less than
30 minutes, or taken too late in a workday?
3. meal breaks
3. Answer question 4.
4. For each meal break included in your answer to question 3, did
[name of defendant] prove [he/she/nonbinary pronoun/it] provided a
meal break that complies with the law?
4. Yes No
4. If your answer to question 4 is yes, stop here, answer no further
questions, and have the presiding juror sign and date this form.
If you answered no, then answer question 5.
5. Considering by workday the meal breaks determined in question
3, for how many workdays did [name of defendant] fail to prove
that [he/she/nonbinary pronoun/it] provided meal breaks that
comply with the law?
5. workdays
5. Answer question 6.
6. For the workdays determined in question 5, what is the amount
of pay owed?
124
6. $
Signed: Presiding Juror
Dated:
[After this verdict form has/After all verdict forms have] been signed,
notify the [clerk/bailiff/court attendant] that you are ready to present
your verdict in the courtroom.
New May 2023; Revised November 2023*
Directions for Use
This verdict form is based on CACI No. 2765, Meal Break Violations - Introduction,
and CACI No. 2766B, Meal Break Violations - Rebuttable Presumption - Employer
Records. Use this verdict form if the plaintiff’s meal break claims involve the
rebuttable presumption of a violation based on an employer’s records showing
missed meal breaks, meal breaks of less than 30 minutes, or meal breaks taken too
late in a workday. See also verdict form CACI No. VF-2707, Meal Break Violations.
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.
The court may determine if prejudgment interest is awardable and, if so, whether it
is discretionary or mandatory. (Civ. Code, §§ 3287, 3288.) If the jury is 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 be
augmented for the jury to make any factual findings that are required to calculate
the amount of prejudgment interest.
LABOR CODE ACTIONS VF-2708
125
© Judicial Council of California.
