Civil Jury Instructions (CACI): New, Revised, and Revoked Instructions and Verdict Forms

The Judicial Council of California Center, Inc. proposes revised jury instructions and verdict forms regarding affirmative defenses for nonpayment of overtime claims. The committee suggests adding the word "important" to make the instructions consistent with previous cases. However, some commenters argue that the instruction should not be optional because exclusionary clauses are construed as a matter of law. The committee agrees with revisions to the instruction on executive exemption, which reinforces existing law that the jury must consider how the employee actually spent their time and the employer's realistic expectations. The committee also suggests retaining language in the penultimate paragraph regarding job titles.