EmploymentQuestion 901 of 1605

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

a.A flat $50 civil penalty per pay period
b.Nothing, as long as the employee eventually took a late lunch
c.One additional hour of pay at the employee's regular rate of compensation
d.Two hours of pay at the regular rate

Explanation

Under Labor Code §226.7, when an employer fails to provide a compliant meal or rest period, it must pay the employee one additional hour of pay at the employee's regular rate of compensation for each workday the violation occurs. This 'premium pay' is separate from the wages owed for time worked. A meal violation and a rest violation can each trigger a separate one-hour premium, up to two premium hours per day.

Law Reference: Labor Code §226.7

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