When an employer fails to provide two rest breaks and two meal breaks in the same day, is an employee entitled to four hours?

No, the employee is entitled to only two hours of premium pay.

With a few exceptions, both Labor Code Section 512 and the Industrial Welfare Commission (IWC) wage orders address an employer’s obligation to provide meal periods and rest breaks. Labor Code Section 226.7 further addresses the requirement to pay a premium of one hour at the employee’s regular rate for failure to provide a meal period or rest break required by the IWC orders.

A court decision clarified that there is one violation for a missed meal break and one violation for a missed rest break in a workday.

Only two hours of premium pay is owed because the statute requires payment of the premium for each workday, not each occurrence during a workday.

Read about Premium Pay for Meal and/or Rest Break Violations in the HR Library.

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