Premium Pay for Meal and/or Rest Break Violations

Employees are owed “premium pay” when they miss a meal break or a rest break. Labor Code section 226.7 provides that if an employer fails to provide 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 work day that the meal or rest break is not provided. The Wage Orders address meal and rest breaks in two different sections.

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