Do I owe an employee a one-hour meal period premium because their lunch break was late or only if they didn’t get a meal break at all?

California employers must pay a one-hour meal premium if an employee is not provided with a meal break at all or if the break starts later than legally required. The premium must be paid at the employee’s regular rate of pay.

Employees working more than five hours must receive a 30-minute meal break no later than the end of the fifth hour, though employees working six hours or less may waive the meal break with employer consent.

If the meal break begins after the fifth hour, one hour of premium pay is owed, even if the employee eventually receives a break.