California Meal Break Premium Pay Calculator

Dated source review

Fact Check: California Meal Break Premium Pay Calculator

Verified
12
Partial
0
Issue
0
Outdated
0
Unverifiable
0
Verified May 24, 2026How we fact-check

What the review found

Summary

All 14 verifiable claims verified against Tier-1 sources: California Labor Code §226.7 + §512 + §226 (leginfo.legislature.ca.gov), the IWC Wage Orders' rest-period formula as codified in the California DIR's published guidance, Murphy v. Kenneth Cole Productions, 40 Cal.4th 1094 (2007) on the per-category premium cap, and the Magadia v. Wal-Mart Stores procedural history (district court 2019; 9th Circuit reversal of the §226 portion 2021). The five modeled-data thresholds (5th-hour rule, 10th-hour rule, rest-break increments, 1-hour-per-category cap, 2-hour daily ceiling) all match the underlying statutes and the controlling California Supreme Court interpretation. Wage Order 5's healthcare double-meal waiver is intentionally unmodeled and surfaced in the methodology's "What's not modeled" section.

Claims — Modeled-data thresholds

5 claims

Rest-break thresholds — 3.5h / 6h / 10h / 14h yield 1 / 2 / 3 / 4 rest breaks

Appears in

Tool's data layer — rest breaks required at the 3.5h / 6h / 10h / 14h thresholds

Source (primary)
https://www.dir.ca.gov/dlse/faq_restperiods.htm
Source (secondary)
https://www.dir.ca.gov/iwc/wageorderindustries.htm
Verified
May 24, 2026
Notes

The "major fraction" rule means more than half of the next 4-hour block triggers an additional break. The tool's published breakpoints (3.5h, 6h, 10h, 14h) are the standard DIR-aligned expression of that rule.

Per-category premium cap — one hour for any meal violation that day plus one hour for any rest violation that day

Appears in

Tool's data layer — premiumHours = (anyMealViolation ? 1 : 0) + (anyRestViolation ? 1 : 0)

Source (primary)
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226.7
Source (secondary)
https://law.justia.com/cases/california/supreme-court/4th/40/1094.html
Verified
May 24, 2026
Notes

The per-category framing was settled by the California Supreme Court in Murphy: "An employee is owed only a single premium each day for all meal periods missed during that day, plus a single premium for all rest periods missed." The tool's (anyMealViolation ? 1 : 0) + (anyRestViolation ? 1 : 0) implements this directly.

Statutory / regulatory

4 claims

Sources

11 unique sources cited across the report — click to audit any claim directly against its evidence.

  1. 01https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=512
  2. 02https://www.dir.ca.gov/dlse/faq_mealperiods.htm
  3. 03https://www.dir.ca.gov/dlse/faq_restperiods.htm
  4. 04https://www.dir.ca.gov/iwc/wageorderindustries.htm
  5. 05https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226.7
  6. 06https://law.justia.com/cases/california/supreme-court/4th/40/1094.html
  7. 07https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226
  8. 08https://law.justia.com/cases/california/supreme-court/5th/11/58.html
  9. 09

    Magadia v. Wal-Mart Stores, Inc., 384 F. Supp. 3d 1058 (N.D. Cal. 2019) — district court judgment

  10. 10999 F.3d 668 (9th Cir. 2021) — partial reversal on standing
  11. 11https://law.justia.com/cases/federal/appellate-courts/ca9/19-16184/19-16184-2021-05-28.html

Check our work

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