California Meal & Rest Break Penalty Calculator
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Estimate only — not legal advice. This tool estimates Labor Code §226.7 premium exposure using the hourly wage as a floor (Ferra v. Loews Hollywood folds nondiscretionary pay into the regular rate). It deliberately does not compute derivative exposure — wage-statement (§226), waiting-time (§203), or PAGA — because those require case-specific analysis by counsel.
How the premium works
California owes non-exempt employees an unpaid 30-minute meal period before the end of the fifth hour, a second meal period on shifts over 10 hours, and a paid 10-minute rest period per four hours worked or major fraction thereof. Each workday with a meal violation owes one extra hour of pay at the regular rate; each workday with a rest violation owes one more — at most two premium hours per day, and premium claims reach back three years (four when pled under the Unfair Competition Law; this tool caps at three, keeping the estimate a floor).
Frequently asked questions
How much is the meal or rest break penalty in California?
One additional hour of pay at the employee's regular rate of compensation for each workday a compliant meal period wasn't provided, and one more hour for each workday a compliant rest period wasn't provided — at most two premium hours per employee per day (one meal + one rest). Under Ferra v. Loews Hollywood (2021), the regular rate includes nondiscretionary pay, so the hourly wage is a floor.
Can California employees waive their meal breaks?
The first meal period can be waived by mutual consent only when the shift is 6 hours or less. A second meal period (owed over 10 hours) can be waived only when the shift is 12 hours or less AND the first meal period was taken. Rest periods cannot be waived. Get waivers in writing.
Do exempt employees get meal and rest break premiums?
Properly classified executive, administrative, and professional exempt employees generally are not entitled to premiums — but misclassification makes break premiums part of what becomes owed. When in doubt, have classification reviewed by counsel.
Is this calculator legal advice?
No. It estimates Labor Code §226.7 premium exposure from the numbers you enter. It does not compute derivative exposure — wage-statement penalties (§226), waiting-time penalties (§203), or PAGA — because those require case-specific analysis, and claims pled under the Unfair Competition Law can reach back four years rather than the three this tool counts. Consult a California employment attorney about your actual situation.
Read the complete California meal and rest break guide for small employers. Ready to make the number zero? Start free — full Pro for 14 days, no credit card.