Labor Code 226.7: California Meal and Rest Break Requirements and Employer Penalties

California Labor Code 226.7 explains meal and rest break rules for non-exempt employees and what employers must pay when breaks stop. See how missed breaks trigger premium pay, wage claims, penalties, and class actions for violations of California break requirements.

By Brad Nakase, Attorney

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Table of Contents

1. Introduction

2. Legal Evaluation

3. Labor Code 226.7: FAQs

Introduction

According to California Labor Code Section 226.7, employers must pay non-exempt employees an additional hour’s earnings (at their usual rate of pay) for every single day they are required to work during recuperation, meal, or rest periods.

Legal Evaluation

Employers are prohibited by California Labor Code 226.7 from requiring non-exempt workers to labor during food breaks, rest periods, and recuperation times (a cooling-off period for workers to prevent heat illness).

Employers must reimburse workers for an extra hour of labor at their regular rate for every day that they are denied their legally mandated breaks.

The question of whether to consider Labor Code 226.7 premium as a wage or a fine has been debated by courts. This distinction is crucial for a number of reasons, such as the requirement that “wages” be recorded on wage statements and given within legally mandated timeframes upon an employee’s termination (e.g., for Labor Code section 203 waiting time penalties).

We now know the solution. In Naranjo v. Spectrum Security Services, the California Supreme Court decided this month that although Labor Code 226.7 premiums are aimed to compensate for the illegally denied necessity of a break, they also address the labor that the employee performed during the missed break (the California Court of Appeals was reversed by the Supreme Court).

Example: Annie is entitled to 10 minutes of break every 4 hours that she renders as a non-exempt worker. Annie agrees to the request of her boss to work during her rest period on a particularly hectic day. However, her employer will then be forced to pay her an extra hour.

Remember that non-unionized security workers employed by private patrol firms might be required by law to remain on the job premises, to remain on call, and to carry and maintain a watch over communications devices during their breaks. They should be provided with a chance to take a rest break as soon as possible, provided that it is interrupted. Security personnel must be paid an extra hour of labor by the employer in case they cannot have a ten-minute uninterrupted break after every four hours.

Labor Code 226.7: FAQs

1. What breaks am I eligible for?

Employers have to give non-exempt workers:

A meal break (unpaid) of thirty minutes when they put in over 5 hours in a day
One more thirty-minute break (unpaid) for food if they spend more than ten hours; and
A ten-minute rest interval (unpaid) for each four hours performed in a day

2. What will happen if I choose to work during my break?

It is not a requirement that your employer should pay you more when you decide to work during a lunch/rest period. In the case your employer urged you to work over your lunch or rest break, then you can get some extra compensation.

3. I don’t get paid for breaks by my employer: What will happen?

Submit a wage claim and a complaint about a violation of labor laws to the California Labor Commissioner. You can also file a lawsuit.

Employees can band together and potentially file a wage & hour class action suit if you aren’t the sole worker being forced to work during your breaks.

Have a quick question? We answered nearly 2000 FAQs.

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Labor Code 226.7: California Meal and Rest Break Requirements and Employer Penalties

Introduction

Legal Evaluation

Labor Code 226.7: FAQs

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