California’s penalties for rest-break violations are steep. California employers that fail to provide compliant breaks face multiple layers of exposure, including one additional hour of pay at the employee’s regular rate of pay for each workday a compliant rest or recovery period was not provided, a potential penalty for related wage statement violations under Labor Code section 226 (subject to defenses, such as a good-faith compliance belief), a potential waiting-time penalty under Labor Code section 203 at separation potentially amounting to up to thirty days of the employee’s daily wage rate (again, subject to a good-faith defense), and attorneys’ fees on rest break claims.
