Meal & Rest Break Penalty Calculator
One hour of pay per missed meal break, one more per missed rest break — up to 2 extra hours a day.
Each workday a required meal break was missed, late, or cut short, you're owed 1 extra hour of pay. Same for a missed, late, or cut-short rest break — a separate 1 hour. Maximum 2 premium hours per day (1 meal + 1 rest), no matter how many individual breaks were missed.
Enter your hourly rate and the number of workdays with a missed meal or rest break.
Meal & Rest Break Penalty Calculator
Total Premium Pay Owed
How this is calculated
Total premium = (meal violation days × 1 hour × your hourly rate) + (rest violation days × 1 hour × your hourly rate). Meal and rest premiums stack independently on the same day — a day with both a missed meal break and a missed rest break owes 2 hours of premium pay, not 1.
This tool counts violation-days as you enter them; it doesn't independently verify that a break was legally required that day (a meal break requires more than 5 hours worked; a second meal break requires more than 10 hours; a rest break is required roughly every 4 hours worked).
A late, shortened, or work-interrupted break counts the same as a break that was never offered at all. If you're unsure how many days actually qualify, review your time records against these thresholds before relying on this total.
Frequently Asked Questions
How much is owed for a missed meal or rest break in California?
One additional hour of pay at the employee's regular rate for each workday a required meal break is missed, and a separate one hour for each workday a required rest break is missed — up to 2 premium hours per workday total, even if multiple individual meal or rest periods were missed that day.
When is a meal break required?
A 30-minute unpaid, off-duty meal break is required once an employee works more than 5 hours, and a second meal break once they work more than 10 hours (waivable in some circumstances).
When is a rest break required?
A paid, 10-minute rest break is required for approximately every 4 hours worked (or major fraction thereof), as practicable in the middle of each work period.
Can I get both a meal premium and a rest premium on the same day?
Yes. Meal and rest break premiums are separate categories — you can be owed 1 hour for a missed meal break and a separate 1 hour for a missed rest break on the same workday, for up to 2 hours total that day.
Does a late or short break count as a missed break?
Yes. A meal or rest break that's provided late, cut short, or interrupted by work duties can trigger the same premium as a break that wasn't provided at all.
This tool provides an educational estimate only and is not legal advice. Whether a specific day's break actually violated the law depends on hours worked and other facts — consult an employment attorney to verify your entries before relying on this total.