Premium Pay for a Meal and/or Rest Break Violation

Employees are owed “premium pay” when they aren't provided compliant meal and rest breaks. Under California law, if an employer fails to provide an employee with a meal, rest or recovery period, the employer must pay the employee one additional hour of pay at the employee's “regular rate of compensation” for each workday that the meal or rest break is not provided.¹

The California Supreme Court has confirmed that under Labor Code section 226.7, “regular rate of compensation” means the same as the “regular rate of pay,” which is used to calculate overtime premiums as required by Labor Code section 510.² That means you must pay³ For