EmploymentQuestion 225 of 1632

An employer fails to provide a legally required meal period to an employee on a given day. What does California law require the employer to pay?

a.Thirty minutes of pay at the regular rate
b.A flat $50 penalty payable to the state
c.Nothing, if the employee was not disciplined
d.One additional hour of pay at the regular rate

Explanation

Labor Code §226.7 requires one additional hour of pay at the employee's regular rate for each workday a compliant meal period was not provided, and a separate hour for a day of rest-period violations. Paying only the thirty minutes the break would have lasted treats the premium as make-up wages; it is a fixed one-hour premium regardless of how much of the break was lost. The $50 figure belongs to the wage-statement penalties in §226.3 and is payable to the state, not to the employee. And the premium is owed whether or not the employee was disciplined or even complained.

Law Reference: Labor Code §226.7; cf. §226.3

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