No single factor is dispositive. Rather, the court must balance
the factors permitting personal pursuits against the factors restricting personal pursuits to determine whether the employee is “so restricted that he is effectively engaged
.” [Berry v. County of Sonoma (9th Cir. 1994) 30 F3d 1174, 1183].
Notes: Reading beyond the legaleze, the issue boils down to whether or not the schedule effectively prevents the employees from being free to engage in personal activities when on working -- because there is so little time available for the break. Usually, a 30 minute or more break is sufficient to permit the employee to engage in personal activities. However, you have multiple 30 minute breaks in this scenario, and it could be that the continued requirement to return to work may actually make the break time useless -- especially if the employees must remain in their swimsuits and the area of town in which they are located, doesn't really lend itself to running around in a swimsuit -- making a shower and a change of clothes necessary, which reduces the actual break to something considerably less than 30 minutes.
If your daughter wants to complain, she can contact the U.S. Department of Labor at: 1-800-4US-WAGES.
Hope this helps.
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