Legal Question in Employment Law in California

California Labor Code Section 226.7b states that an employer, "shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided." If an employee works 8 plus hours without a meal period or breaks is the employer liable for paying an additional hour for EACH meal period and break not provided or an additional hour of pay per day regardless of how many meal periods and or breaks were not provided?


Asked on 11/02/10, 5:28 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The language clearly states that if you do not get a rest period or do not get a meal break on a certain day you get an additional hour of pay. If you do not get both, it still is only one hour of pay for that day. So it is the latter part of your question.

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Answered on 11/07/10, 9:10 pm


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