Question

1) California employers are required to provide holiday pay for all full time employees.T/F

2) Employer was closed on Monday to celebrate a holiday. All employees are paid for this holiday. Employee subsequently worked Tuesday through Saturday, 8 hours each day and was paid for a total of 48 hours. How many hours (if any) will be paid at the employee’s overtime rate?

3) Which 5 of the following statements are true regarding Meal periods in California?:

An employer may not employ an employee for more than 4 hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than 5 hours.

An employer may not employ an employee for more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than 6 hours.

Meal periods may be waived by mutual consent of both the employer and employee.

Meal periods may not be waived by mutual consent of both the employer and employee.

A second meal period of not less than 30 minutes is required if an employee works more than 8 hours per day, except that if the total hours worked is no more than 10 hours.

A second meal period of not less than 30 minutes is required if an employee works more than 10 hours per day, except that if the total hours worked is no more than 12 hours.

Employees who are REQUIRED to remain on the work site during a meal period must be paid for the meal period, including instances where the employee is relieved of all work duties.

Employees who are REQUIRED to remain on the work site during a meal period are not required to be paid for the meal period, including instances where the employee is relieved of all work duties.

Penalty for failure to provide a meal period to an employee is one hour of pay at the overtime rate of pay for each workday that the period was not provided.

Penalty for failure to provide a meal period to an employee is one hour of pay at the regular rate of pay for each workday that the period was not provided.

Answer 1

1) false

2) 0

even though you did not work on the holiday your employer chose to pay you for it, which it has the absolute right and discretion to do. However, the determination of whether overtime pay is due is based upon hours worked, more than eight in a workday or more than 40 in a workweek, and not upon pay received. Thus, since you did not work more than eight hours in any one workday, or more than 40 hours in the workweek, you are not entitled to any overtime pay for the workweek.

3) An employer may not employ an employee for more than 5 hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than 6 hours.

B) Meal periods may be waived by mutual consent of both the employer and employee.

A second meal period of not less than 30 minutes is required if an employee works more than 10 hours per day, except that if the total hours worked is no more than 12 hours.

Employees who are REQUIRED to remain on the work site during a meal period must be paid for the meal period, including instances where the employee is relieved of all work duties.

Penalty for failure to provide a meal period to an employee is one hour of pay at the regular rate of pay for each workday that the period was not provided.

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EXPLANATIONS

B) Pursuant to the California Labor Code, both the 6- and 10-hour waiver allow an employer and employee to mutually waive the required meal period. Although other types of meal waivers must be in writing, a written waiver is not required in these instances.