Under California law, employees are entitled to take certain paid rest breaks, and unpaid meal breaks, during the work day. If an employee is denied those rights, she is entitled to be compensated with one hour of pay for each day in which the employee was denied those rights. See Labor Code section 226.7. Until now, it was unclear if an employee suing for such compensation was limited to recover only one hour of pay for each day she was denied either a rest period, or a meal period, or both, or whether an employee could recover two hours of pay in a day where the employee was denied both a rest and a meal period. That question was answered by the California Court of Appeal in the case of United Parcel Service, Inc. v. Superior Court (2011) 192 Cal. App. 4th 1043. In that case, the court followed a recent federal case in holding that employees may recover up to two additional hours of pay in a single work day for meal and rest period violations if both a meal and rest period are missed in that day. –Adam K. Treiger
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