Opinion
No. C 08-3894 SI
10-28-2011
RUBEN PABLO, BONNIE COURSEY and JOHN BAHR, Plaintiffs, v. SERVICEMASTER GLOBAL HOLDINGS, INC., et al., Defendants.
VERDICT FORMS
Instructions: Three verdict forms are below, one for each plaintiff. Please read the questions carefully. After answering each question, read the directions directly following the question to find out whether to proceed to the next question, or to skip to a question later in the form.
Verdict Form for Plaintiff John Bahr
1. Did defendants prove, by a preponderance of the evidence, that plaintiff John Bahr customarily and regularly worked more than half the working time away from the defendants' place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities?
[ ]Yes [ ] No If Yes, skip to Question 14.
If No, proceed to Question 2.
Overtime Claim
2. Did plaintiff John Bahr prove, by a preponderance of the evidence, that he worked over 8 hours on any day or 40 hours in any week?
[ ] Yes [ ] No If Yes, proceed to Question 3.
If No, skip to Question 4.
3. What is the amount of overtime wages owed to plaintiff John Bahr by defendants?
$_ Proceed to Question 4.
Meal and Rest Break Claim
4. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to provide him with one or more 30 minute duty-free meal periods during any 5-hour work period?
[ ] Yes [ ] No If Yes, proceed to Question 5.
If No, skip to Question 6.
5. What is the number of times that plaintiff John Bahr was not provided with a meal period that he was owed? Proceed to Question 6. 6. What was plaintiff John Bahr's average hourly wage rate during his employ with defendants?
$_ Proceed to Question 7. 7. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to provide him with one or more duty-free rest periods during any four-hour work period?
[ ] Yes [ ] No If Yes, proceed to Question 8.
If No, skip to Question 9.
8. What is the number of times that plaintiff John Bahr was not provided with a rest period that he was owed?
___ Proceed to Question 9.
Itemized Wage Statement Claim
9. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants knowingly and intentionally failed to furnish to him with one or more accurate itemized statements in writing showing the total hours he worked?
[ ] Yes [ ] No If Yes, proceed to question 10.
If No, skip to question 11.
10. How many pay periods did defendants fail to furnish plaintiff John Bahr with accurate itemized statements in writing showing the total hours he worked?
___ Proceed to Question 11.
Waiting Time Penalties
11. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants willfully failed to pay him the amount of wages due to him at the time his employment with defendants ended?
[ ] Yes [ ] No If Yes, proceed to question 12.
If No, skip to question 14.
12. For how many calender days, not to exceed 30, following plaintiff John Bahr's last day of employment did defendants willfully fail to pay the full amount of his wages? 13. What was plaintiff John Bahr's daily wage rate at the time his employment ended?
$ _ per day.
Reimbursement for Necessary Work Expenditures Claim
14. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to reimburse him for necessary work expenditures that he incurred?
[ ] Yes [ ] No If Yes, proceed to question 15.
If No, skip to the signature line.
15. What is the amount of necessary business expenditures for which plaintiff John Bahr was not reimbursed?
$_ You are now finished with plaintiff John Bahr's verdict form. Please have the presiding juror sign on the line below and proceed to the next verdict form.
__
Presiding Juror
Verdict Form for Plaintiff Ruben Pablo
Verdict Form for Plaintiff John Bahr
1. Did defendants prove, by a preponderance of the evidence, that plaintiff John Bahr customarily and regularly worked more than half the working time away from the defendants' place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities?
[ ]Yes [ ] No If Yes, skip to Question 14.
If No, proceed to Question 2.
Overtime Claim
2. Did plaintiff John Bahr prove, by a preponderance of the evidence, that he worked over 8 hours on any day or 40 hours in any week?
[ ] Yes [ ] No If Yes, proceed to Question 3.
If No, skip to Question 4.
3. What is the amount of overtime wages owed to plaintiff John Bahr by defendants?
$_ Proceed to Question 4.
Meal and Rest Break Claim
4. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to provide him with one or more 30 minute duty-free meal periods during any 5-hour work period?
[ ] Yes [ ] No If Yes, proceed to Question 5.
If No, skip to Question 6.
5. What is the number of times that plaintiff John Bahr was not provided with a meal period that he was owed? Proceed to Question 6. 6. What was plaintiff John Bahr's average hourly wage rate during his employ with defendants?
$_ Proceed to Question 7. 7. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to provide him with one or more duty-free rest periods during any four-hour work period?
[ ] Yes [ ] No If Yes, proceed to Question 8.
If No, skip to Question 9.
8. What is the number of times that plaintiff John Bahr was not provided with a rest period that he was owed?
___ Proceed to Question 9.
Itemized Wage Statement Claim
9. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants knowingly and intentionally failed to furnish to him with one or more accurate itemized statements in writing showing the total hours he worked?
[ ] Yes [ ] No If Yes, proceed to question 10.
If No, skip to question 11.
10. How many pay periods did defendants fail to furnish plaintiff John Bahr with accurate itemized statements in writing showing the total hours he worked?
___ Proceed to Question 11.
Waiting Time Penalties
11. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants willfully failed to pay him the amount of wages due to him at the time his employment with defendants ended?
[ ] Yes [ ] No If Yes, proceed to question 12.
If No, skip to question 14.
12. For how many calender days, not to exceed 30, following plaintiff John Bahr's last day of employment did defendants willfully fail to pay the full amount of his wages? 13. What was plaintiff John Bahr's daily wage rate at the time his employment ended?
$_per day.
Reimbursement for Necessary Work Expenditures Claim
14. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to reimburse him for necessary work expenditures that he incurred?
[ ] Yes [ ] No If Yes, proceed to question 15.
If No, skip to the signature line.
15. What is the amount of necessary business expenditures for which plaintiff John Bahr was not reimbursed?
$_ You are now finished with plaintiff John Bahr's verdict form. Please have the presiding juror sign on the line below and proceed to the next verdict form.
__
Presiding Juror
Verdict Form for Plaintiff John Bahr
1. Did defendants prove, by a preponderance of the evidence, that plaintiff John Bahr customarily and regularly worked more than half the working time away from the defendants' place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities?
[ ]Yes [ ] No If Yes, skip to Question 14.
If No, proceed to Question 2.
Overtime Claim
2. Did plaintiff John Bahr prove, by a preponderance of the evidence, that he worked over 8 hours on any day or 40 hours in any week?
[ ] Yes [ ] No If Yes, proceed to Question 3.
If No, skip to Question 4.
3. What is the amount of overtime wages owed to plaintiff John Bahr by defendants?
$_ Proceed to Question 4.
Meal and Rest Break Claim
4. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to provide him with one or more 30 minute duty-free meal periods during any 5-hour work period?
[ ] Yes [ ] No If Yes, proceed to Question 5.
If No, skip to Question 6.
5. What is the number of times that plaintiff John Bahr was not provided with a meal period that he was owed? Proceed to Question 6. 6. What was plaintiff John Bahr's average hourly wage rate during his employ with defendants?
$_ Proceed to Question 7. 7. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to provide him with one or more duty-free rest periods during any four-hour work period?
[ ] Yes [ ] No If Yes, proceed to Question 8.
If No, skip to Question 9.
8. What is the number of times that plaintiff John Bahr was not provided with a rest period that he was owed?
___ Proceed to Question 9.
Itemized Wage Statement Claim
9. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants knowingly and intentionally failed to furnish to him with one or more accurate itemized statements in writing showing the total hours he worked?
[ ] Yes [ ] No If Yes, proceed to question 10.
If No, skip to question 11.
10. How many pay periods did defendants fail to furnish plaintiff John Bahr with accurate itemized statements in writing showing the total hours he worked?
___ Proceed to Question 11.
Waiting Time Penalties
11. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants willfully failed to pay him the amount of wages due to him at the time his employment with defendants ended?
[ ] Yes [ ] No If Yes, proceed to question 12.
If No, skip to question 14.
12. For how many calender days, not to exceed 30, following plaintiff John Bahr's last day of employment did defendants willfully fail to pay the full amount of his wages? 13. What was plaintiff John Bahr's daily wage rate at the time his employment ended?
$_per day.
Reimbursement for Necessary Work Expenditures Claim
14. Did plaintiff John Bahr prove, by a preponderance of the evidence, that defendants failed to reimburse him for necessary work expenditures that he incurred?
[ ] Yes [ ] No If Yes, proceed to question 15.
If No, skip to the signature line.
15. What is the amount of necessary business expenditures for which plaintiff John Bahr was not reimbursed?
$_ You are now finished with plaintiff John Bahr's verdict form. Please have the presiding juror sign on the line below and proceed to the next verdict form.
__
Presiding Juror