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?
解析
A compliant meal period under Labor Code §512 must be off duty: the employee is relieved of all duty, free to leave the premises, and free to use the time as they wish. Keeping the crew at their posts to answer questions converts the break into an on-duty meal period, lawful only where the nature of the work prevents relief and the employee has signed a revocable written on-duty agreement - and the premium under §226.7 is owed even though a full 30 minutes elapsed. (b) treats providing lunch as compliance; feeding the crew is not relieving them. (c) invents a 45-minute floor; the statutory period is 30 minutes. (d) confuses the on-duty meal period, which must be paid, with a compliant off-duty one, which is unpaid - paying for the time is a consequence of the violation, not a cure for it.
法律依据: Labor Code §§512(a), 226.7; IWC Wage Order 16, §10免费刷完整 1632 道题库 — 无需注册。
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