California Jury Instruction - 1.9.4.2 Joint Employers
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FAQ
The test for joint employment is to determine if the primary employer ?employ? the worker: (1) to exercise control over wages, hours, or working conditions, directly or indirectly, or through an agent or any other person; (2) to ?suffer or permit to work?; or (3) to engage.
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
Book of Approved Jury Instructions (BAJI) has been recognized for more than 50 years as the source for civil jury instructions in California. The instructions have been tested in court, and judges and lawyers are familiar with them.
For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- ? tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).
The California Code of Regulations is abbreviated as "CCR.? A citation is read "25 CCR 60". The first number is the title number. The second number is the section where that information may be found in that title. Since there are 28 titles, it is important to have a title number.
California state law does not require that California employers pay their employees while on jury duty leave. However, employees do have the option of using accrued vacation time, paid time off or personal time for the purpose of jury service.
Format 1 - Code: (usually preferred format, using citation to California Codes): Name of law (if available), State Abbreviation Code Abbreviation § section number(s) (Year if available). Example Entry: Child Abuse and Neglect Reporting Act, Cal. Penal Code § 11164 et seq.