A recent Court of Appeal of California case clarifies that employers that fail to provide appropriate rest and meal breaks must pay a penalty—referred to as a premium payment—for each missed break each day.
An employer had argued it only had to pay one penalty per day.
Recent case: California law grants employees an unpaid 30-minute meal break after working for five hours, plus a 10-minute rest period for every four hours of work. Several UPS employees sued when they didn’t always get those breaks.
UPS argued that even if the employees missed both breaks during a shift, they were only entitled to one premium payment equal to one hour’s pay.
The employees said they were entitled to two hours’ pay and the court agreed. (UPS v. Allen, et al., No. B227190, Court of Appeal of California, 2nd Appellate District, 2011)