Is an employer liable for meal period premium pay if a worker is relieved for meal or lunch break but continues to work.

The employer would not be liable for meal period premium pay where there is bona fide relief from duty and relinquishment of employer control (and no discouragement or coercion from the employer against taking the meal period). 

However, in this circumstance, an employer that knows or has reason to know an employee is performing work during the meal period owes compensation to the employee for the time worked (including any overtime hours that have accrued as a result of working through the meal period).  See Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004.

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