EmploymentQuestion 901 of 1632

An employer fails to provide a legally required meal period. What is the premium the employer owes the employee for that violation?

a.One extra hour of pay at the state minimum wage rate
b.Nothing, if a late meal period was eventually taken
c.One extra hour of pay at the regular rate of pay
d.Two extra hours of pay at the regular rate of pay

Explanation

Labor Code §226.7(c) fixes the remedy at one additional hour of pay at the employee's regular rate of compensation for each workday a compliant meal period was not provided. (a) pays the premium at minimum wage; the statute ties it to the employee's own rate, which for a journeyman is far higher. (b) treats a late meal as a cure - it is not; a meal period pushed past the fifth hour is itself a violation. (d) doubles the premium. One meal violation and one rest violation in the same day can each carry their own hour, for a maximum of two premium hours per day, but a single meal violation carries one.

Law Reference: Labor Code §226.7(c)

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