Meal and rest break premium pay — Lab. Code § 226.7
A client told me what her manager said the third time she worked through lunch that week: “Nobody’s forcing you to skip lunch. That’s on you.”
Wrong.
That single sentence is doing a lot of work, and almost none of it holds up.
Here is what a lot of California workers do not realize. A meal break is not something an employer can simply make available and then walk away from.
To satisfy the law, the employer has to actually relieve the non-exempt employee of all duty, for a real, uninterrupted break, at the required point in the shift. If that does not happen, the employee’s choice to keep working usually does not matter.
What they say: “You’re free to take your break whenever you want.” What it means: the schedule was built so there was never really a window to take it. What to do: track when breaks were actually provided, not just whether a policy on paper said they were available.
Under Labor Code § 226.7, a noncompliant meal or rest break entitles the employee to a premium: an extra hour of pay for each workday a required break was not properly provided.
No exceptions for good intentions. Meal breaks and rest breaks are counted separately, so a day where both were missed can mean two extra hours, not one.
That premium is separate from wages for the time actually worked. It is not a bonus for complaining.
A missed break is not your fault for working through it. It is your employer’s obligation that did not get met.
Contact Michael Trust Law, APC for a no-charge initial consultation. The facts determine whether you have a claim — and how much of a conversation that takes.
Disclaimer: This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication.