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Wednesday, April 8, 2026

California Supreme Court: Meal and Rest Period Premiums Are Wages Under State Law | Insights - Holland & Knight

Highlights

  • The California Supreme Court holds that meal and rest period premium payments for a missed, late or interrupted meal or rest break are wages for purposes of California's final pay and itemized wage statement requirements.
  • Treating premium payments as wages for purposes of compliance with the California Labor Code has broad impact for employers and potentially enormous adverse financial consequences for noncompliance.

The California Supreme Court issued its long-awaited decision in Naranjo v. Spectrum Security Services, Inc., _ Cal. 5th _, S258966 (2022) on May 23, 2022. The decision answers, with a resounding "yes," the previously unresolved question of whether meal and rest period premium payments were wages under California law. Given the host of broad-ranging implications of the decision with respect to itemized wage statements, pay during employment and final pay upon separation, all employers with any employees in California should take immediate steps to ensure compliance with California's meal and rest break rules.

The Brinker Framework

California law generally requires employers to provide nonexempt employees with an unpaid, uninterrupted, off-duty 30-minute meal period prior to the end of the fifth hour of work, and a second such meal period prior to the end of the tenth hour of work. Employers also are required to provide employees with a paid, uninterrupted 10-minute rest break for every four hours worked (or major fraction thereof) to be taken in...



Read Full Story: https://www.hklaw.com/en/insights/publications/2022/05/california-supreme-cou...