EmploymentQuestion 279 of 1632

A foreman tells a crew they cannot stop for their meal period because the concrete pour cannot wait. If employees miss the meal period as a result, the employer is most likely:

a.Excused, since a concrete pour is work that allows an on-duty meal
b.Excused, because the crew was paid for the time worked
c.Liable only for the 30 minutes of straight time lost
d.Liable for one hour of premium pay for each affected employee

Explanation

Labor Code §512(a) requires an off-duty 30-minute meal period to begin before the end of the fifth hour of work, and §226.7(c) makes a meal period the employer failed to provide cost one additional hour of pay at the regular rate, per employee, per workday. Production pressure is not a defence. An on-duty meal period is lawful only where the nature of the work truly prevents relief AND the employee has signed an agreement revocable in writing at any time; a pour that could have been staffed to relieve the crew is not that case, and no agreement appears here. Paying for the time worked is not the remedy, and the premium is a flat hour, not the thirty minutes of straight time lost.

Law Reference: Labor Code §512(a); §226.7(c); 8 CCR §11160 (Wage Order 16) §10

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