Hawaii Jury Instruction — 1.9.4.2 Joint Employers: A Comprehensive Overview In the state of Hawaii, the Jury Instruction 1.9.4.2 Joint Employers refers to a legal instruction provided to juries during trials where the issue of joint employment arises. This instruction serves as a guidance for jurors in determining the liability and responsibilities of multiple employers towards an employee or a group of employees. Joint employment occurs when an employee is under the control and supervision of more than one employer, making both employers potentially responsible for any violations of employment laws or harm caused to the employee. This instruction aims to assist the jury in understanding the legal framework surrounding joint employment and enables them to make an informed decision regarding liability allocation if the defendant(s) are found to be joint employers. Key Concepts and Elements: 1. Control and Supervision: Joint employment typically arises when both employers have some level of control over the employee's work, such as job assignments, work hours, and the ability to hire or fire. The instruction clarifies that mere control or supervision is not sufficient evidence of joint employment on its own and that the jury should consider various elements to assess the degree of control exerted by each employer. 2. Economic Realities: The instruction emphasizes that the jury should consider the economic realities of the employment relationship. Factors such as the payment of wages, provision of benefits, and the level of integration of the employee into the business operations of each employer play a crucial role in determining joint employment. 3. Common Purpose: It is important to establish that the employers share a common purpose or goal in the employment of the individual. If the employers are working together to accomplish a unified business objective, it strengthens the argument for joint employment. Different Types of Hawaii Jury Instruction — 1.9.4.2 Joint Employers: 1. Single Shift Joint Employers: This type of joint employment pertains to situations where two or more employers share an employee's services during separate shifts or specific time durations. The instruction helps the jury assess the level of control and integration each employer has over the employee during their designated shift. 2. Shared Administrative Control Joint Employers: In cases where multiple employers jointly control the administrative aspects of the employment relationship, such as hiring, firing, and payroll management, this instruction guides the jury in evaluating the extent of control exercised by each employer. 3. Contractual Joint Employers: This type of joint employment arises when one employer contracts out work to another entity, which hires and supervises a common pool of employees. The jury instruction assists in determining whether both entities exhibit enough control and share responsibilities to be considered joint employers. Conclusion: Hawaii Jury Instruction — 1.9.4.2 Joint Employers provides a detailed framework for juries to evaluate the legal responsibilities and liabilities of multiple employers in joint employment scenarios. By considering factors like control, economic realities, and common purpose, juries can accurately determine the extent of joint employment and allocate legal accountability accordingly. Understanding the different types of joint employment helps to ensure fair and just resolution of employment-related disputes.