CSLB Law & Business ExamEmployment RequirementsMedium
An employee is scheduled to work a 6-hour shift and is not provided any meal break during that shift. Under California wage and hour law, what must the employer do?
- ANothing, since meal breaks are only required for shifts over 8 hours
- BProvide the employee two additional hours of pay at time and one-half
- CProvide the employee one additional hour of pay at the employee's regular rate
- DExtend the employee's shift by 30 minutes without additional pay
Show answer & explanationAnswer & explanation
Correct answer: C. Provide the employee one additional hour of pay at the employee's regular rate
California law requires a 30-minute unpaid meal break for any shift over 5 hours, generally to begin before the end of the fifth hour. If the employer fails to provide it, the employer owes one additional hour of pay at the employee's regular rate as a premium.
Why the other options are wrong
- A. Incorrect: the meal break requirement applies to shifts over 5 hours, not just those over 8.
- B. The premium is one hour at the regular rate, not two hours at time and one-half.
- D. Extending the shift without pay does not satisfy the meal break requirement or remedy a violation.
Meal Break Premium Pay
California requires a 30-minute unpaid meal break for shifts over 5 hours; failure to provide it entitles the employee to one hour of premium pay at their regular rate.
- Meal break must generally start before the end of the 5th hour worked.
- Premium pay is one hour per missed meal break (not multiplied).
- A second meal break is required for shifts over 10 hours.
Memory trick: Miss the meal, owe an hour — no exceptions.