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California employers must pay a one-hour meal premium if an employee is not provided with a meal break at all or if the break starts later than legally required. The premium must be paid at the employee’s regular rate of pay.
Employees working more than five hours must receive a 30-minute meal break no later than the end of the fifth hour, though employees working six hours or less may waive the meal break with employer consent.
If the meal break begins after the fifth hour, one hour of premium pay is owed, even if the employee eventually receives a break.
A second meal break is required for employees working more than 10 hours, to begin no later than the end of the 10th hour. Employees may waive the second break if working no more than 12 hours and having taken the first meal break.
Premium pay is owed for any late or missed second meal break. Employees provided multiple late breaks or no breaks in one day receive only one hour of premium pay per missed or late break.
Note that an exception exists under IWC Wage Order 12 for motion picture employees, who may work up to six hours without a meal period even without a waiver.
Read more about Premium Pay for a Meal and/or Rest Break Violation in the HR Library.