Under Labor Code §226.7, if an employer fails to provide a legally required meal or rest period (or fails to provide a recovery period under §3395), the employer owes the affected employee:
Explanation
Labor Code §226.7(c) requires the employer to pay one additional hour of pay at the employee's regular rate of compensation for each workday a meal period violation occurs, plus one additional hour for each workday a rest-or-recovery-period violation occurs — maximum two premium hours per day. The California Supreme Court in Ferra v. Loews Hollywood Hotel (2021) clarified that 'regular rate of compensation' includes nondiscretionary bonuses, commissions, and other earnings (same calculation as overtime), NOT just the base hourly rate. Reinstating the break later does not cure the violation; the premium is a wage, not a penalty, and is subject to PAGA exposure.
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