Missed breaks cost 1 hour of pay — at the regular rate, not just base.
Each missed, late, short, or interrupted meal or rest break triggers 1 hour of premium pay. Under Ferra v. Loews (2021), the premium must be calculated at the worker's 'regular rate' — including non-discretionary bonuses and shift differentials — not the base hourly rate. Under Naranjo (2022), this premium is wages, exposing the employer to additional waiting-time and wage-statement penalties on late payment.
Missed Break Premium Calculation
Calculates premium pay for missed/late/short meal and rest breaks at the regular rate (including bonuses). Tags premiums separately per § 226 wage statement requirements.
What the rule does when a break is missed.
The hero card configuration: Critical on premium calculation, Flag on wage statement. Here's what each does at runtime.
When a break violation is detected, Teambridge calculates premium pay at the regular rate — base hourly + non-discretionary bonuses + shift differentials + commission, divided by total hours. Using only base hourly is a violation of Ferra.
On the wage statement, premium pay appears as a separate line item with the rate and amount itemized — meeting Labor Code § 226 requirements. Premiums for meal and rest are listed separately, not combined.
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Premium pay is wages. Calculated like overtime.
California's break premium rules have evolved through Supreme Court decisions. The current law: premium pay is wages, calculated at the regular rate, with all the procedural protections that wages get.
'Regular rate' is not 'base rate' (Ferra)
Before Ferra, many employers calculated meal/rest premiums at the base hourly rate. The CA Supreme Court ruled in Ferra v. Loews (2021) that the premium must use the 'regular rate' — including non-discretionary bonuses, shift differentials, and commission. This is the same calculation used for overtime. Calculating at base rate when other compensation exists is a violation.
Premium is wages, not penalty (Naranjo)
In Naranjo v. Spectrum Security (2022), the CA Supreme Court ruled that premium pay is wages — not penalties. This means failure to pay timely triggers waiting time penalties under § 203 (up to 30 days wages) AND wage statement violations under § 226 (additional penalties). The Naranjo ruling significantly increased exposure for systemic violations.
Teambridge calculates the right rate, on the right line, every time.
The Ferra rate calculation and the Naranjo wage classification mean break premiums need to flow through payroll like wages — not as a footnote.
All compensation included.
When a break premium is owed, Teambridge calculates the regular rate using the same logic as overtime: base + non-discretionary compensation in the workweek, divided by total hours. The premium is 1 hour at this rate.
Max 1 meal + 1 rest per day.
Even if multiple meal breaks are missed in a day, only 1 meal premium accrues. Same for rest. Maximum daily premium is 2 hours (1 meal + 1 rest).
Premiums itemized per § 226.
On the wage statement, premiums appear as separate line items (Meal Break Premium, Rest Break Premium) with the rate and amount. This meets the itemization requirement and avoids § 226 penalties.
Premiums on the next regular paycheck.
Premium pay is wages, so it must be paid on the next regular paycheck after the violation. Late payment exposes the employer to waiting time penalties on top.
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