EmpleoPregunta 930 de 1605
During a busy roofing day, a foreman tells a crew they must eat lunch at their posts and remain on call to answer questions. Even though they got 30 minutes to eat, why might this still be a meal-period violation?
a.The meal period was not duty-free; employees must be relieved of all duty and free to leave
b.Meal periods can never be violated if food is provided
c.It is only a violation if lunch is shorter than 45 minutes
d.There is no violation because they were paid for the time
Explicación
A compliant meal period under Labor Code §512 must be off-duty: the employee must be relieved of all duty, free to leave the premises, and free to use the time as they wish. Requiring workers to remain 'on call' at their posts converts the meal into an on-duty period, which is only lawful with a valid written on-duty meal agreement in limited circumstances. Otherwise the employer owes a premium under §226.7 even though 30 minutes elapsed.
Referencia Legal: Labor Code §226.7; §512Practica las 1605 preguntas gratis — sin registro.
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)