California Supreme Court Issues Landmark Decision Holding That Payments Due To Employees For Missed Meal And Rest Breaks Are Wages And Governed By A Three-Year Statute Of Limitations

In California, employers must provide their non-exempt employees with meal and rest breaks. When an employee fails to take a meal or rest break, whether that failure is due to the fault of the employer or the employee, California Labor Section 226.7 (b) prescribes the following consequence:

“If an employer fails to provide an employee a meal period or rest period in accordance with an applicable order of the Industrial Welfare Commission, the employer shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest peri...

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