🖩 Meal & Rest Break Penalty Calculator

Enter your information below to calculate premium pay owed under California Labor Code Section 226.7. The calculator computes penalties in real-time as you enter data.

Calculate Your Premium Pay

Your regular hourly rate of pay (check your pay stub)
First day of the violation period
Last day of the violation period
Average days worked per week
Average hours per workday
First meal break missed/late (shifts >5 hours)
30-minute meal period not provided before end of 5th hour
Second meal break missed/late (shifts >10 hours)
Second 30-minute meal period not provided before end of 10th hour
On-duty meal period without written agreement
Required to work during meal break without a valid written waiver
Rest breaks missed (1 per 4 hours or major fraction)
10-minute paid rest breaks not provided as required
Late meal breaks (after 5th hour)
Meal breaks consistently provided late (after 5 hours into shift)

Calculation Results

Total workdays in period 0 days
Days subject to meal break rules (>5 hrs) 0 days
Days subject to second meal break (>10 hrs) 0 days
Rest breaks required per day 0
Meal Break Violations 0 violations
Meal break premium pay (1 hr x $0) $0.00
Rest Break Violations 0 violations
Rest break premium pay (1 hr x $0) $0.00
TOTAL PREMIUM PAY OWED $0.00
Per-Day Breakdown
Maximum premium per day (meal + rest) $0.00
Meal break premium per violation day $0.00
Rest break premium per violation day $0.00
Statute of Limitations (LC 226.7)

Meal and rest break premium pay claims are subject to a 3-year statute of limitations under California Code of Civil Procedure Section 338. If you file under Business & Professions Code 17200 (Unfair Competition Law), you may have up to 4 years. Violations older than 3 years from your filing date may be time-barred. Act promptly to preserve your full claim.

Enter your wage rate, date range, and select violations to calculate your premium pay.

How This Calculator Works

Under California Labor Code Section 226.7, employers must pay one additional hour of pay at the employee's regular rate for each workday a meal or rest break was not properly provided. Key points:

  • Meal break violations: 1 hour premium per workday (max 1 hour even if multiple meal breaks missed)
  • Rest break violations: 1 hour premium per workday (max 1 hour even if multiple rest breaks missed)
  • Maximum per day: 2 hours total premium (1 for meal + 1 for rest)
  • Rate used: Your regular hourly rate of pay

🍴 California Meal Break Rules

California Labor Code Section 512 establishes strict meal period requirements for non-exempt employees.

First Meal Period

When Required

Shifts exceeding 5 hours (more than 5:00 into the workday)

Timing

Must begin no later than the end of the 5th hour (by 4:59:59)

Duration

Minimum 30 minutes uninterrupted, duty-free

Waiver Option

May be waived by mutual consent if shift is 6 hours or less

Second Meal Period

When Required

Shifts exceeding 10 hours (more than 10:00 into the workday)

Timing

Must begin no later than the end of the 10th hour (by 9:59:59)

Duration

Minimum 30 minutes uninterrupted, duty-free

Waiver Option

May be waived if shift is 12 hours or less AND first meal was taken

Duty-Free Requirements

For a meal period to be compliant, the employer must:

  • Relieve the employee of ALL duties for the full 30 minutes
  • Relinquish control over the employee's activities
  • Allow the employee to leave the premises (in most cases)
  • Not impede, discourage, or prevent taking the break

Common Violations

These actions constitute meal break violations even if a "break" is technically provided:

  • Requiring employees to stay "on call" during breaks
  • Providing breaks after the 5th hour
  • Interrupting breaks to answer phones or help customers
  • Creating workload that makes breaks impossible
  • Requiring employees to remain on premises without a valid agreement

☕ California Rest Break Rules

IWC Wage Orders require employers to authorize and permit paid rest periods based on hours worked.

Rest Break Schedule

3.5 - 6 Hours

One 10-minute paid rest break required

6 - 10 Hours

Two 10-minute paid rest breaks required

10 - 14 Hours

Three 10-minute paid rest breaks required

14+ Hours

Four 10-minute paid rest breaks required

Key Rest Break Rules

  • Timing: Rest breaks should fall in the middle of each 4-hour work period when practicable
  • Paid time: Rest breaks are paid time (unlike meal periods)
  • Duration: Net 10 minutes (not including walk time to break area)
  • Cannot combine: Rest breaks cannot be combined with meal periods
  • Cannot waive: Employees cannot waive rest breaks

"Major Fraction" Rule

A "major fraction" of 4 hours means more than 2 hours. So:

  • Work 3.5 hours = 1 rest break (3.5 is a major fraction of 4)
  • Work 6 hours = 2 rest breaks (6 hours = 4 + 2, and 2 is a major fraction)
  • Work 8 hours = 2 rest breaks

⚠ Industry Exceptions

Certain industries have modified meal and rest break rules under specific IWC Wage Orders.

Healthcare Industry

Healthcare workers may voluntarily waive one of two meal periods under certain conditions. Special rules apply to shifts over 8 hours.

Motion Picture Industry

IWC Order 12 provides modified meal period timing based on industry practices.

Security Guards

On-duty meal periods may be permitted if the nature of the work prevents relief from all duties.

Commercial Drivers

Some drivers have modified break rules under federal DOT regulations and state law.

Exempt Employees

Meal and rest break requirements do NOT apply to employees who are properly classified as exempt under California law. This includes certain executive, administrative, and professional employees who meet specific salary and duties tests. However, misclassification is common - if you are classified as exempt but do not actually meet the exemption requirements, you may be entitled to meal/rest break premiums.

📄 Meal Break Waiver Rules

California law allows meal break waivers only under specific circumstances.

Valid First Meal Period Waiver

Requirements

  • Shift must be 6 hours or less
  • Must be by mutual consent (employee agreement)
  • Written waiver is recommended but not required
  • Employee can revoke at any time

Valid Second Meal Period Waiver

Requirements

  • Shift must be 12 hours or less
  • First meal period must have been taken
  • Must be by mutual consent
  • Written waiver is recommended

On-Duty Meal Period Agreement

Strict Requirements

On-duty meal periods (where employee works through the break but is paid) are only valid when:

  • The nature of the work prevents relief from all duties
  • There is a written agreement signed by both parties
  • The agreement states the employee may revoke it at any time
  • The on-duty meal period is paid

Important: "Nature of the work" is narrowly interpreted. Most jobs do not qualify for on-duty meal periods.

📝 Sample Demand Letter Language

Use these paragraphs as building blocks for your meal and rest break violation demand letter.

Opening - Break Violation Demand
I am writing to formally demand payment of premium wages owed for meal and rest break violations during my employment with [COMPANY NAME]. Throughout my employment from [START DATE] to [END DATE], I was denied legally compliant meal periods and rest breaks in violation of California Labor Code Section 512 and IWC Wage Order [NUMBER]. Pursuant to Labor Code Section 226.7, I am owed one hour of premium pay at my regular rate for each workday I was denied a compliant meal or rest break.
Meal Break Violation Description
California Labor Code Section 512 requires employers to provide a 30-minute duty-free meal period to employees who work more than 5 hours, with the meal period beginning no later than the end of the 5th hour. During my employment, I regularly worked shifts of [X] hours but was [not provided any meal period / provided meal periods after the 5th hour / required to remain on duty during meal periods / interrupted during meal periods to perform work duties]. This occurred on approximately [NUMBER] workdays during the claim period.
Rest Break Violation Description
Under IWC Wage Order [NUMBER], employers must authorize and permit paid rest periods of net 10 minutes for every 4 hours worked or major fraction thereof. During my employment, I was [not authorized to take rest breaks / not provided rest breaks / required to remain available during rest breaks / denied rest breaks due to workload demands]. Based on my average shift length of [X] hours, I was entitled to [NUMBER] rest breaks per day but consistently received fewer or none.
Damages Calculation
Pursuant to Labor Code Section 226.7, I am owed the following premium pay:

Meal Break Violations:
[NUMBER] workdays x $[HOURLY RATE] = $[AMOUNT]

Rest Break Violations:
[NUMBER] workdays x $[HOURLY RATE] = $[AMOUNT]

Total Premium Pay Owed: $[TOTAL]

This calculation is limited to violations within the applicable 3-year statute of limitations under Code of Civil Procedure Section 338.
Demand and Deadline
I hereby demand payment of $[TOTAL AMOUNT] in meal and rest break premium pay within fourteen (14) days of the date of this letter. Should you fail to remit payment by [DEADLINE DATE], I will pursue all available legal remedies including: (1) filing a wage claim with the California Labor Commissioner (DLSE); (2) filing a civil action in Superior Court; and (3) seeking recovery of all applicable penalties, interest, and attorney's fees as provided by law. Additionally, I reserve the right to file a PAGA notice and pursue civil penalties on behalf of all aggrieved employees.

🚀 Next Steps

What to do after calculating your damages and sending a demand letter.

Your Options

1. DLSE Wage Claim

Free to file - No attorney needed. File online at dir.ca.gov/dlse. The Labor Commissioner investigates and holds a hearing. Timeline: 6-12 months typically.

2. Civil Lawsuit

Superior Court - Can recover full damages plus attorney fees under Labor Code 1194. Many employment attorneys work on contingency for wage claims.

3. PAGA Claim

Representative action - File PAGA notice with LWDA, wait 65 days, then sue for civil penalties of $100-$200 per pay period for all aggrieved employees.

4. Class Action

If widespread violations - If employer's practices affected many employees, damages multiply significantly. Contact an employment class action attorney.

Statute of Limitations

Act promptly to preserve your full claim:

  • 3 years - Standard statute of limitations for meal/rest break premium pay (CCP 338)
  • 4 years - If claiming under Business & Professions Code 17200 (UCL)
  • 1 year - PAGA claims (from date of violation)

Need Legal Assistance?

Get a 30-minute consultation to evaluate your meal and rest break claim and discuss the best strategy for recovery.

Book Consultation - $240/hr

California Resources

  • CA Labor Commissioner (DLSE): dir.ca.gov/dlse - File wage claims online
  • DLSE Hotline: 1-844-522-6734 - Free information about your rights
  • PAGA Filing: dir.ca.gov/PAGA - File PAGA notices online
  • IWC Wage Orders: dir.ca.gov/iwc/wageorderindustries.htm
  • State Bar Lawyer Referral: calbar.ca.gov

👥 When to Hire a Meal Break Violation Attorney

Not every meal break claim requires an attorney. Use this guide to determine the best approach for your situation.

Handle It Yourself When:

✓ Simple Calculation

Clear-cut missed breaks—you can count violations and multiply by one hour's pay

✓ Strong Documentation

You have timesheets, schedules, and pay stubs showing when breaks were missed

✓ Smaller Dollar Amount

Claims under $12,500 work well in small claims court or through DLSE wage claim

✓ Individual Situation

The violations appear specific to you rather than affecting other employees

Hire an Attorney When:

⚠ Systemic Violations

Company-wide policies or practices affecting multiple employees—potential class action or PAGA claim

⚠ Complex Situations

On-duty meal agreements, split shifts, healthcare workers, or disputes about whether breaks were "provided"

⚠ Large Dollar Amount

Claims over $25,000 where professional representation maximizes recovery

⚠ Combined Violations

Meal breaks plus overtime, minimum wage, or other Labor Code violations

⚠ Employer Disputes

Company claims you waived breaks or that their policies were compliant

⚠ PAGA Representative Action

You want to represent other workers and recover civil penalties for the state

Benefits of Attorney Representation

  • Contingency fees: Most employment attorneys work on contingency—no fee unless you win
  • Fee-shifting: California law requires employers to pay your attorney fees when you prevail
  • Class action expertise: Attorneys can pursue class claims if violations are widespread
  • Complete damage calculation: Ensure all penalties are included (waiting time, wage statement, etc.)
  • Discovery power: Subpoena employer records, policies, and timekeeping data
  • Negotiation leverage: Employers settle more favorably when facing experienced counsel

Not Sure If You Need an Attorney?

Take our free 2-minute assessment to get a personalized recommendation based on your specific meal break situation.

Take Free Assessment

Contingency Representation Available

Many California employment attorneys work on contingency. Fee-shifting laws mean employers pay attorney fees when employees win, so lawyers often take strong cases at no upfront cost.