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Meal and Rest Periods: Remedies for the Employee

What happens if the employer fails to provide an employee with a meal or rest period? What other remedies available to the employee? What is the amount of the premium wage employers owe an employee who misses a meal break and a rest break in one day: Is it one hour of pay? Or is it two hours of pay because two violations occurred?

In United Parcel Service v. Superior Court of Los Angeles County, a California Court of Appeal ruled that there are two separate remedies because the premium wage requirement is contained in two separate sections of the Wage Orders. This means that, under current law, an employee who misses both their meal period and at least one of their rest periods during the course of the day is entitled to receive 2 hours worth of premium penalty compensation. These penalties can really add up, so if you have been denied your meal and rest periods, you should contact The Law Offices of Daniel Feder for a free consultation.