What are the requirements for paying a meal and rest premium to California employees?

Published Date: March 3, 2023

An employment lawyer clarifies California state law regarding meal and rest premiums. 

Under California law, employers are required to pay a meal and rest premium to employees if certain conditions are met. 

For meal breaks, if an employee works more than 5 hours in a day, the employer must provide a 30-minute, duty-free meal break. If the employee works more than 10 hours in a day, the employer must provide a second 30-minute, duty-free meal break. If the employer fails to provide the required meal break, the employer must pay the employee one hour of pay at the employee’s regular rate of pay for each day on which a meal break was not provided. 

For rest breaks, if an employee works more than 3.5 hours in a day, the employer must provide a 10-minute rest break for each 4 hours worked or major fraction thereof. If the employer fails to provide the required rest break, the employer must pay the employee one hour of pay at the employee’s regular rate of pay for each day on which a rest break was not provided. 

It’s important to note that employers are not required to pay the meal and rest premium if the employee voluntarily chooses to work through the meal or rest period and the employee is completely relieved of all duties during the meal or rest period.

Employees who have been denied meal and rest breaks should contact an employment lawyer. 

In summary, California employers must pay a meal and rest premium to employees if they do not provide the required meal and rest breaks. The premium is one hour of pay at the employee’s regular rate of pay for each day on which a meal or rest break was not provided.

If an employer fails to abide by the legal regulations pertaining to meal and rest breaks, they must pay a meal and rest premium. If you have been denied meal and rest breaks by a negligent employer, contact an employee rights attorney to build your case. Bokhour Law has employment lawyers ready to work for you.