Riverside California Jury Instruction - 1.9.4.2 Joint Employers

• Category: Federal - Jury Instructions - Adverse Employment Action
• State: Multi-State
• County: Riverside
• Control #: US-11CF-1-9-4-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Riverside California Jury Instruction — 1.9.4.2 Joint Employers provides guidance to jurors on determining the legal relationship between multiple employers and the associated responsibilities and liabilities. This instruction becomes pertinent in cases involving claims of discrimination, wage disputes, or workplace injuries where multiple entities may be considered joint employers. Joint employers refer to two or more entities, such as companies or individuals, who exert control over an employee's work conditions and have the power to hire, fire, supervise, or determine the employee's pay. There are two primary types of joint employers that may be addressed under this instruction: 1. Horizontal Joint Employers: This refers to situations where two or more entities share control and supervision over an employee's work simultaneously. For instance, two different companies may jointly employ a worker, sharing authority over their schedule, tasks, or performance evaluation. The degree of control both employers exert can vary, ranging from equal to unequal. 2. Vertical Joint Employers: This category pertains to scenarios where an employee is employed by one entity, known as the intermediary employer or contracting agency, but is contracted or loaned out to another entity. The intermediary employer usually maintains some control over the employee, such as paying wages or providing benefits, but the day-to-day work is performed under the direction and supervision of the contracting entity. This type of joint employment often arises in temporary staffing or subcontracting arrangements. Riverside California Jury Instruction — 1.9.4.2 Joint Employers clarifies that even if an entity is deemed a joint employer, individual entities may still bear different levels of liability based on their degree of control over the employee. Factors to consider when determining joint employer status include the level of control over work conditions, the ability to hire or fire, the authority to determine wages or working hours, provision of equipment or tools, and the presence of a formal employment agreement. It is essential for jurors to carefully analyze the evidence presented in court regarding the relationships between the entities and the employee to determine if they qualify as joint employers. The instruction concludes with reminding jurors of their role in applying the law to the facts of the case presented during the trial, ultimately leading them towards a fair and just verdict.