2702. Nonpayment of Overtime Compensation-- Essential Factual Elements (Lab. Code, § 1194) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] owes [him/ her] overtime pay as required by state law. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. That [name of plaintiff] performed work for [name of defendant]; That [name of plaintiff] worked overtime hours; That [ ] knew or should have known that [ had worked overtime hours. That [name of plaintiff] was [not paid/paid less than the overtime rate] for some or all of the overtime hours worked; and The amount of overtime pay owed. ] Overtime hours are the hours worked longer than [insert applicable definition(s) of overtime hours]. Overtime pay is [insert applicable formula]. An employee is entitled to be paid the legal overtime pay rate even if he or she agrees to work for a lower rate. ________________________________________________________________________________ New September 2003; Revised June 2005, June 2014, June 2015