TruWage

Break premium

Extra pay owed when your employer does not provide a required meal or rest break. In California it is one hour of pay per day for each type.

In California, if you do not get a required meal break, you are owed one extra hour of pay at your regular rate for that workday. A missed rest break is another hour. The cap is one hour per type per day, so two missed rest breaks on the same day still means one hour.

Say you are paid $16.90 and missed your meal break on Tuesday and Thursday. That is two premiums, $33.80, which should appear on your stub as a separate line.

Other states that pay something do it differently. Minnesota owes the missed break time at your regular rate plus an equal amount as damages. Colorado owes 10 minutes of pay for each missed rest break. Most states have no premium. See meal break.

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