EmploymentQuestion 253 of 1632

An employee earning $20.00 per hour misses both a required meal period and a required rest period on the same workday. What total premium pay is owed for that day?

a.$20.00
b.$40.00
c.$10.00
d.$60.00

Explanation

Labor Code §226.7(c) owes one hour at the regular rate for the day's meal-period violation and a separate hour for the day's rest-period violation, so at $20.00 an hour the premium is $40.00. (a) is the single-premium belief - that the statute caps the day at one hour however many categories were missed - which United Parcel Service rejected. (d) pays three hours by counting each individual break missed: an eight-hour shift owes one meal period and two rest periods, so this is the per-break rather than per-category error. (c) pays half an hour, as though the premium were prorated to the length of the break rather than fixed at one hour.

Law Reference: Labor Code §226.7(c); United Parcel Service, Inc. v. Superior Court (2011) 196 Cal.App.4th 57

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