EmploymentQuestion 685 of 1632

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:

a.Make up the missed break later in the same day
b.Triple the regular rate across the whole shift
c.One hour per meal and one per rest violation
d.Two hours, however many breaks were missed

Explanation

Labor Code §226.7(c) owes one additional hour of pay at the employee's regular rate of compensation for each workday a meal-period violation occurs, and a separate hour for each workday a rest or recovery period violation occurs - so two premium hours is the daily maximum, one per category, no matter how many individual breaks were missed. (d) reaches the same figure by the wrong route and would pay two hours for a meal violation alone. (a) treats a late or made-up break as a cure; it is not, and the premium is owed even though the employee eventually ate. (b) invents a shift-wide multiplier. Ferra held that regular rate of compensation includes nondiscretionary bonuses and other earnings, not just base hourly pay.

Law Reference: Labor Code §226.7(b), (c); Ferra v. Loews Hollywood Hotel, LLC (2021) 11 Cal.5th 858

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