If an employer fails to provide a compliant meal or rest break, the employee is owed one additional hour of pay at their regular rate for each workday the violation occurs.
| Violation | Penalty Per Employee, Per Day |
|---|---|
| Missed or non-compliant meal break | 1 hour of premium pay |
| Missed or non-compliant rest break | 1 hour of premium pay |
| Both violations on the same day | 2 hours of premium pay (maximum) |
Meal and rest break violations rarely exist in isolation. They trigger a cascade of additional penalties:
A restaurant with 50 employees, each earning $20/hour, with 30 employees missing one meal break per week over one year:
| Premium Pay (LC 226.7) | $260,000 |
| PAGA Penalties (LC 2699) | $130,000 – $260,000 |
| Wage Statement Penalties (LC 226) | $65,000 – $130,000 |
| Waiting Time for 10 Termed Employees | $60,000 |
| Total Estimated Exposure | $515,000 – $710,000+ |