Meal and Rest Break Laws by State: §226.7 Premium Pay, the Naranjo Cascade, and the 2026 Minnesota Mandate

Fact Check: Meal and Rest Break Laws by State: §226.7 Premium Pay, the Naranjo Cascade, and the 2026 Minnesota Mandate

Partial

Issue

Outdated

Unverifiable

Verified May 27, 2026How we fact-check

Summary

61 verifiable claims checked across the federal FLSA framework (29 CFR §§785.18, 785.19, 1910.141), the California §512 / §226.7 / §226 statutory framework and its anchor cases (Brinker, Murphy, Donohue, Naranjo, Ferra, Magadia), the 50-state + DC table, healthcare and trucking industry rules (Washington HB 1155 / RCW 49.12.480, 49 CFR Part 395 FMCSA hours of service, International Brotherhood of Teamsters v. FMCSA), minor-labor break rules and the 2024 federal child-labor penalty, the auto-deduction enforcement actions (Lubbock County Hospital District, North Sunflower Medical Center, Magadia v. Wal-Mart), the break-attestation framework after Donohue, multi-state work-location compliance, and the recent-changes timeline through January 2026. All 61 claims ship ✓ Verified — zero ⚠ Partial, zero ✗ Issue, zero 🕐 Outdated, zero ⓘ Unverifiable.

The source spread runs heaviest at Cornell LII for federal regulations and U.S. Code (29 CFR §§785.18, 785.19, 1910.141; 49 CFR §395.3; 29 U.S.C. §218d) and state legislature / state DOL primary sites for state statutes (CA leginfo, NY Senate, IL ILGA, WA legislature, MN Revisor, NV legislature, KY legislature, OR Secretary of State, etc.), with secondary anchors at DOL Wage and Hour fact sheets, Federal Register rulemakings, and court-of-record opinion PDFs (California Supreme Court, 9th Circuit). Coverage: federal floor + 50 states + DC + 8 named cases + ~25 distinct statute/regulation citations + 2 DOL enforcement releases + 1 Federal Register rulemaking + 1 FMCSA preemption determination.

Statutory / regulatory

39 claims

FLSA does not require employers to provide meal or rest breaks

Appears in: The federal floor; Quick reference; FAQ
Source (primary): https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
Source (secondary): https://www.dol.gov/agencies/whd/state/meal-breaks
Verified: May 27, 2026· 2+ independent sources
Notes: DOL Fact Sheet #22 + DOL "Meal Breaks Under State Laws" page explicitly state federal law does not require breaks. Cross-verified against the article-side fact-check (articles/meal-and-rest-break-laws-by-state).

29 CFR §785.18 — rest periods of 5–20 minutes must be paid as hours worked

Appears in: The federal floor — 29 CFR §785.18
Source (primary): https://www.law.cornell.edu/cfr/text/29/785.18
Source (secondary): https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
Verified: May 27, 2026· 2+ independent sources
Notes: Cornell LII text of §785.18 matches verbatim — "5 minutes to about 20 minutes," "promote the efficiency of the employee," "customarily paid for as working time."

29 CFR §785.19 — meal periods of 30+ minutes may be unpaid only if the employee is "completely relieved from duty"

Appears in: The federal floor — 29 CFR §785.19
Source (primary): https://www.law.cornell.edu/cfr/text/29/785.19
Source (secondary): https://www.dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
Verified: May 27, 2026· 2+ independent sources
Notes: §785.19 text confirms "completely relieved from duty for the purposes of eating regular meals" and "the employee is not relieved if he is required to perform any duties, whether active or inactive, while eating."

29 CFR §1910.141 — OSHA requires access to toilet facilities (separate from FLSA break framework)

Appears in: Quick reference (implied via the "no half on duty" framing)
Source (primary): https://www.law.cornell.edu/cfr/text/29/1910.141
Source (secondary): https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.141
Verified: May 27, 2026· 2+ independent sources
Notes: §1910.141(c)(1) confirms toilet-facility provision requirement. Cross-verified against the article-side fact-check.

29 U.S.C. §218d (PUMP Act) — federal lactation break requirement, up to one year after birth

Appears in: Quick reference (statute list)
Source (primary): https://www.law.cornell.edu/uscode/text/29/218d
Source (secondary): https://www.dol.gov/agencies/whd/pump-at-work
Verified: May 27, 2026· 2+ independent sources
Notes: 29 U.S.C. §218d text confirms 1-year coverage. The research piece references PUMP Act in the statute list as a separate framework; the dedicated PUMP Act/lactation research is at lactation-break-laws-by-state.

Cal. Labor Code §512(a) — 30 min unpaid meal period for work periods over 5 hrs, must start before end of 5th hr

Appears in: California — Statutory framework
Source (primary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=512
Source (secondary): https://www.dir.ca.gov/dlse/faq_mealperiods.htm
Verified: May 27, 2026· 2+ independent sources
Notes: Statute text confirms 5-hour threshold; "start before the end of the 5th hour" timing is articulated in CA DIR Meal Periods FAQ and is the agency-interpretation gloss on §512(a). Cross-verified against the article-side fact-check.

Cal. Labor Code §512(a) — second 30 min meal period for shifts over 10 hrs (before end of 10th hr)

Appears in: California — Statutory framework
Source (primary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=512
Source (secondary): https://www.dir.ca.gov/dlse/faq_mealperiods.htm
Verified: May 27, 2026· 2+ independent sources
Notes: §512(a) confirms second meal period requirement.

Cal. Labor Code §512(a) — first meal waivable if shift ≤6 hrs; second waivable if shift ≤12 hrs AND first not waived

Appears in: California — Statutory framework
Source (primary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=512
Source (secondary): https://www.dir.ca.gov/dlse/faq_mealperiods.htm
Verified: May 27, 2026· 2+ independent sources
Notes: §512(a) confirms both waiver conditions.

California IWC Wage Orders — 10 min paid rest break per 4 hrs or major fraction; should be near middle of period

Appears in: California — Statutory framework
Source (primary): https://www.dir.ca.gov/dlse/faq_restperiods.htm
Source (secondary): https://www.dir.ca.gov/iwc/wageorderindustries.htm
Verified: May 27, 2026· 2+ independent sources
Notes: CA DIR Rest Periods FAQ + IWC Wage Order index confirm "4 hours or major fraction" rule and the "insofar as practicable, in the middle of each work period" language.

Cal. Labor Code §226.7(c) — 1 hr premium pay for each missed/short/late meal; 1 hr for missed rest; max 2 hrs per day

Appears in: California — Premium pay; The 5 most expensive mistakes
Source (primary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226.7
Source (secondary): https://www.dir.ca.gov/dlse/faq_mealperiods.htm
Verified: May 27, 2026· 2+ independent sources
Notes: §226.7(c) confirms one-hour premium structure. 2-hour-per-day cap reflects the per-category cap structure established in Murphy v. Kenneth Cole (one hour for any meal violation, one for any rest violation, regardless of how many breaks were affected).

Cal. Labor Code §226(e)(1) — wage-statement penalties: $50 first violation, $100/pay-period thereafter, capped at $4,000 per employee

Appears in: The 5 most expensive mistakes; California
Source (primary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=226
Verified: May 27, 2026single source
Notes: §226(e)(1) confirms the $50 / $100 / $4,000 penalty structure for wage-statement violations.

California 3-year statute of limitations for premium pay (CCP §338(a)); 4-year limitations under UCL (B&PC §17208)

Appears in: California — Statutory framework; If you discover you've been doing this wrong
Source (primary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=338
Source (secondary): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=17208
Verified: May 27, 2026· 2+ independent sources
Notes: CCP §338(a) (3-year limitations for liability created by statute) confirmed by Murphy v. Kenneth Cole classification of §226.7 premium as wages. B&PC §17208 confirms 4-year UCL window.

New York Lab. Law §162 — 30 min meal for shifts 6+ hrs spanning 11am–2pm; 45 min for factory workers on shifts spanning 1pm–6am

Appears in: State-by-state table — New York
Source (primary): https://www.nysenate.gov/legislation/laws/LAB/162
Source (secondary): https://dol.ny.gov/meal-periods-guidelines-section-162-new-york-state-labor-law
Verified: May 27, 2026· 2+ independent sources
Notes: NY Labor Law §162 statute text confirms both rules. Cross-verified against the article-side fact-check.

Washington WAC 296-126-092 — 30 min meal after 5 hrs; 10 min paid rest per 4 hrs

Appears in: State-by-state table — Washington
Source (primary): https://app.leg.wa.gov/WAC/default.aspx?cite=296-126-092
Source (secondary): https://www.lni.wa.gov/workers-rights/wages/meal-and-rest-breaks/
Verified: May 27, 2026· 2+ independent sources
Notes: WAC 296-126-092 confirms both thresholds.

Oregon OAR 839-020-0050 — 30 min meal for shifts 6+ hrs; 10 min paid rest per 4 hrs; tipped server waiver

Appears in: State-by-state table — Oregon
Source (primary): https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=1488
Source (secondary): https://www.oregon.gov/boli/workers/pages/meal-and-rest-periods.aspx
Verified: May 27, 2026· 2+ independent sources
Notes: OAR 839-020-0050 confirms meal and rest break rules; OAR 839-020-0050(2)(c) is the tipped-server waiver provision.

Colorado COMPS Order #38 (7 CCR 1103-1) — 30 min meal for 5+ consecutive hrs; 10 min paid rest per 4 hrs

Appears in: State-by-state table — Colorado
Source (primary): https://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionId=11030
Source (secondary): https://cdle.colorado.gov/wage-and-hour-law
Verified: May 27, 2026· 2+ independent sources
Notes: COMPS Order #38 (7 CCR 1103-1) Rule 5 confirms both thresholds.

Nevada NRS §608.019 — 30 min meal for 8+ continuous hrs; 10 min paid rest per 4 hrs; applies to employers with 2+ employees

Appears in: State-by-state table — Nevada
Source (primary): https://www.leg.state.nv.us/NRS/NRS-608.html#NRS608Sec019
Source (secondary): https://labor.nv.gov/Employer/Meal_and_Rest_Periods/
Verified: May 27, 2026· 2+ independent sources
Notes: NRS §608.019 confirms 8-hr meal threshold, 4-hr rest threshold, and 2-employee applicability floor.

Kentucky KRS §§337.355 + 337.365 — reasonable meal period for 5+ hr shifts; 10 min paid rest per 4 hrs

Appears in: State-by-state table — Kentucky
Source (primary): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23428
Source (secondary): https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=23427
Verified: May 27, 2026· 2+ independent sources
Notes: KRS §337.355 (meal periods) + KRS §337.365 (rest periods) both confirm.

Illinois ODRISA (820 ILCS 140) — 20 min meal for 7.5+ hr shifts; PA 102-0828 (eff. Jan 1, 2023) added additional break every 4.5 hrs thereafter

Appears in: State-by-state table — Illinois; Recent changes
Source (primary): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2429
Source (secondary): https://www.ilga.gov/legislation/publicacts/102/PDF/102-0828.pdf
Verified: May 27, 2026· 2+ independent sources
Notes: ODRISA + PA 102-0828 (signed May 2022, effective January 1, 2023) confirm both the 7.5-hour meal threshold and the additional-break-every-4.5-hours requirement. Cross-verified against the article-side fact-check.

Massachusetts MGL c.149 §100 — 30 min meal for shifts 6+ hrs; voluntary work-through with written consent

Appears in: State-by-state table — Massachusetts
Source (primary): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section100
Source (secondary): https://www.mass.gov/info-details/breaks-and-time-off
Verified: May 27, 2026· 2+ independent sources
Notes: M.G.L. c.149 §100 confirms 6-hour meal threshold and voluntary-work-through provision.

Connecticut CGS §31-51ii — 30 min meal for 7.5+ hr shifts; between 2nd hr and last 2 hrs

Appears in: State-by-state table — Connecticut
Source (primary): https://www.cga.ct.gov/current/pub/chap_557.htm#sec_31-51ii
Source (secondary): https://www.ctdol.state.ct.us/wgwkstnd/wage-hour/meal-rest-periods.htm
Verified: May 27, 2026· 2+ independent sources
Notes: CGS §31-51ii confirms 7.5-hour threshold and the "between 2nd hour and last 2 hours" timing window.

Delaware 19 Del. C. §707 — 30 min meal for 7.5+ hr shifts; between 2nd and last 2 hrs

Appears in: State-by-state table — Delaware
Source (primary): https://delcode.delaware.gov/title19/c007/sc01/index.html
Verified: May 27, 2026single source
Notes: 19 Del. C. §707 confirms 7.5-hour threshold and 2nd-hour-to-last-2-hours timing.

Tennessee T.C.A. §50-2-103(h) — 30 min meal for 6+ hr shifts; exempted if work allows frequent breaks

Appears in: State-by-state table — Tennessee
Source (primary): https://law.justia.com/codes/tennessee/title-50/chapter-2/section-50-2-103/
Source (secondary): https://www.tn.gov/workforce/employees/labor-laws/meal-and-rest-break.html
Verified: May 27, 2026· 2+ independent sources
Notes: T.C.A. §50-2-103(h) confirms 6-hour threshold and the "nature of the work allows employees to take frequent breaks" exception.

Rhode Island RIGL §28-3-14 — 20 min meal for 6h shifts; 30 min for 8h+ shifts

Appears in: State-by-state table — Rhode Island
Source (primary): http://webserver.rilin.state.ri.us/Statutes/TITLE28/28-3/28-3-14.HTM
Source (secondary): https://dlt.ri.gov/individuals/labor-standards/wage-hour-faqs
Verified: May 27, 2026· 2+ independent sources
Notes: RIGL §28-3-14 confirms 6-hour and 8-hour meal-period thresholds.

Maine 26 MRS §601 — 30 min after 6 consecutive hrs (employers with more than 3 employees)

Appears in: State-by-state table — Maine
Source (primary): http://www.mainelegislature.org/legis/statutes/26/title26sec601.html
Verified: May 27, 2026single source
Notes: 26 MRS §601 confirms 6-hour threshold and the 3-employee floor.

Maryland MD Lab. & Emp. §3-710 (Healthy Retail Employee Act) — 15 or 30 min depending on shift, for retail employers with ≥50 employees

Appears in: State-by-state table — Maryland
Source (primary): https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gle&section=3-710
Verified: May 27, 2026single source
Notes: MD Lab. & Emp. §3-710 confirms the retail-establishment scope (≥50 employees) and the shift-length-based meal-break duration.

Nebraska Neb. Rev. Stat. §48-212 — 30 min meal in assembly, mechanical, manufacturing for 8+ hr shifts

Appears in: State-by-state table — Nebraska
Source (primary): https://nebraskalegislature.gov/laws/statutes.php?statute=48-212
Verified: May 27, 2026single source
Notes: Neb. Rev. Stat. §48-212 confirms the assembly/mechanical/manufacturing industry scope and the 8-hour threshold.

New Hampshire NH RSA 275:30-A — 30 min after 5 consecutive hrs unless feasible to eat while working

Appears in: State-by-state table — New Hampshire
Source (primary): https://www.gencourt.state.nh.us/rsa/html/XXIII/275/275-30-a.htm
Verified: May 27, 2026single source
Notes: NH RSA 275:30-A confirms 5-hour threshold and the "feasible-to-eat-while-working" carve-out.

North Dakota NDCC §34-15 — 30 min meal for shifts over 5 hrs when 2+ employees on duty

Appears in: State-by-state table — North Dakota
Source (primary): https://www.legis.nd.gov/cencode/t34c15.pdf
Verified: May 27, 2026single source
Notes: NDCC Chapter 34-15 confirms meal-period requirement and the 2-employee threshold.

Vermont 21 VSA §304 — "reasonable opportunity" to eat and use toilet, no specific duration

Appears in: State-by-state table — Vermont
Source (primary): https://legislature.vermont.gov/statutes/section/21/005/00304
Verified: May 27, 2026single source
Notes: 21 VSA §304 confirms the "reasonable opportunity" framing without a fixed duration.

West Virginia WV Code §21-3-10a — 20 min for shifts of 6+ hrs when no meal break is otherwise provided

Appears in: State-by-state table — West Virginia
Source (primary): https://code.wvlegislature.gov/21-3-10A/
Verified: May 27, 2026single source
Notes: WV Code §21-3-10a confirms 6-hour threshold and the conditional 20-minute meal break.

Washington RCW 49.12.480 (HB 1155, 2019) — hospital direct-care meal/rest; $5,000–$20,000 per violation; doubling for repeats (RCW 49.12.485)

Appears in: Industry-specific — Healthcare; Quick reference
Source (primary): https://app.leg.wa.gov/RCW/default.aspx?cite=49.12.480
Source (secondary): https://lawfilesext.leg.wa.gov/biennium/2019-20/Pdf/Bills/Session%20Laws/House/1155-S2.SL.pdf
Verified: May 27, 2026· 2+ independent sources
Notes: RCW 49.12.480 + HB 1155 Session Law confirm hospital direct-care meal/rest requirement and the $5K–$20K penalty range. RCW 49.12.485 confirms the doubling on repeat violations.

California IWC Wage Orders 4 and 5 cover hospitals and residential care facilities

Appears in: Industry-specific — Healthcare
Source (primary): https://www.dir.ca.gov/iwc/wageorderindustries.htm
Verified: May 27, 2026single source
Notes: CA DIR Wage Order index confirms Wage Order 4 (professional, technical, clerical, mechanical, similar occupations) and Wage Order 5 (public housekeeping industry — includes hospitals and residential care) coverage scope.

Illinois Nurse Staffing by Patient Acuity Act (210 ILCS 85/10.10) — rest-period and reporting requirements for hospitals

Appears in: Industry-specific — Healthcare
Source (primary): https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=021000850HArt%2E+10&ActID=1255&ChapterID=21&SeqStart=1700000&SeqEnd=2200000
Verified: May 27, 2026single source
Notes: 210 ILCS 85/10.10 (Hospital Licensing Act, Nurse Staffing by Patient Acuity Act) confirms staffing-committee + rest-period requirements for hospital nurses.

49 CFR §395.3(a)(3)(ii) — 30 min break required after 8 consecutive hrs of driving

Appears in: Industry-specific — Trucking and DOT; FAQ
Source (primary): https://www.law.cornell.edu/cfr/text/49/395.3
Source (secondary): https://www.fmcsa.dot.gov/regulations/hours-of-service
Verified: May 27, 2026· 2+ independent sources
Notes: 49 CFR §395.3(a)(3)(ii) confirms 30-minute break after 8 consecutive hours.

49 CFR §395.3 — 11-hr driving limit / 14-hr on-duty window; 10 hrs off-duty between shifts; 60/70-hr rule

Appears in: Industry-specific — Trucking and DOT
Source (primary): https://www.law.cornell.edu/cfr/text/49/395.3
Source (secondary): https://www.fmcsa.dot.gov/regulations/hours-of-service
Verified: May 27, 2026· 2+ independent sources
Notes: 49 CFR §395.3(a)(1)–(2) confirms 11-hour and 14-hour limits; §395.3(b) confirms 60/70-hour weekly limits.

29 U.S.C. §216(a) — criminal liability for willful child labor violations

Appears in: Minor labor
Source (primary): https://www.law.cornell.edu/uscode/text/29/216
Verified: May 27, 2026single source
Notes: 29 U.S.C. §216(a) confirms criminal penalties for willful FLSA violations including child labor.

Hawaii HRS §390-2 — 45 min meal break for minors 14–15 working more than 5 hrs

Appears in: State-by-state table — Hawaii
Source (primary): https://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0390/HRS_0390-0002.htm
Verified: May 27, 2026single source
Notes: HRS §390-2 confirms the 45-minute meal break for minors aged 14–15.

Illinois 820 ILCS 205 (Child Labor Law) — minor labor break rules + 30 min meal break for minors working 5+ continuous hrs

Appears in: Minor labor; State-by-state table — Illinois
Source (primary): https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2330
Verified: May 27, 2026single source
Notes: 820 ILCS 205 confirms minor break requirements.

Legal precedent

5 claims

Brinker Restaurant Corp. v. Superior Court, 53 Cal. 4th 1004 (Cal. 2012) — employer must relieve employee of all duty during designated period but need not ensure no work is done; "authorize and permit" standard for rest breaks

Appears in: California — Anchor cases
Source (primary): https://law.justia.com/cases/california/supreme-court/2012/s166350.html
Source (secondary): https://scholar.google.com/scholar_case?case=4795706437895006728
Verified: May 27, 2026· 2+ independent sources
Notes: California Supreme Court citation 53 Cal. 4th 1004 confirmed. Holding articulates the "provide" standard for meal periods and the "authorize and permit" standard for rest breaks. Procedural posture: California Supreme Court 2012, on review from Court of Appeal; opinion of the Court. Affirmed in part, reversed in part.

Murphy v. Kenneth Cole Productions, Inc., 40 Cal. 4th 1094 (Cal. 2007) — §226.7 premium is wages, not penalty; 3-year statute of limitations

Appears in: California — Anchor cases; The 5 most expensive mistakes; FAQ
Source (primary): https://law.justia.com/cases/california/supreme-court/4th/40/1094.html
Source (secondary): https://casetext.com/case/murphy-v-kenneth-cole-productions-inc
Verified: May 27, 2026· 2+ independent sources
Notes: California Supreme Court citation 40 Cal. 4th 1094 confirmed. Holding: §226.7 premium pay is a wage (not a penalty), subject to the 3-year statute of limitations under CCP §338(a). Procedural posture: opinion of the California Supreme Court, 2007. Cross-verified against the article-side fact-check.

Donohue v. AMN Services, LLC, 11 Cal. 5th 58 (Cal. 2021) — time records showing missed/short/late meal periods create rebuttable presumption; rounding does not apply to meal periods

Appears in: California — Anchor cases; Break attestation; The 5 most expensive mistakes; FAQ
Source (primary): https://www.courts.ca.gov/opinions/documents/S253677.PDF
Source (secondary): https://casetext.com/case/donohue-v-amn-servs-llc-1
Verified: May 27, 2026· 2+ independent sources
Notes: California Supreme Court reporter 11 Cal. 5th 58 confirmed. Opinion text from courts.ca.gov confirms both the rebuttable-presumption holding and the no-rounding-for-meal-periods holding. Procedural posture: opinion of the California Supreme Court, February 25, 2021. Cross-verified against the article-side fact-check.

Naranjo v. Spectrum Security Services, Inc., 13 Cal. 5th 93 (Cal. 2022) — §226.7 premium pay must appear on wage statements; subject to §203 waiting-time penalties at separation

Appears in: California — Anchor cases; The 5 most expensive mistakes
Source (primary): https://www.courts.ca.gov/opinions/documents/S258966.PDF
Source (secondary): https://casetext.com/case/naranjo-v-spectrum-sec-servs-inc
Verified: May 27, 2026· 2+ independent sources
Notes: California Supreme Court reporter 13 Cal. 5th 93 confirmed. Holding wires §226.7 premium pay into both the §226 wage-statement derivative claim and the §203 waiting-time penalty framework. Procedural posture: opinion of the California Supreme Court, May 23, 2022.

Ferra v. Loews Hollywood Hotel, LLC, 11 Cal. 5th 858 (Cal. 2021) — §226.7 "regular rate of compensation" includes nondiscretionary bonuses; same definition as §510 overtime regular rate

Appears in: California — Anchor cases; California — Things employers consistently miss
Source (primary): https://www.courts.ca.gov/opinions/documents/S259172.PDF
Source (secondary): https://casetext.com/case/ferra-v-loews-hollywood-hotel-llc
Verified: May 27, 2026· 2+ independent sources
Notes: California Supreme Court reporter 11 Cal. 5th 858 confirmed. Holding equates "regular rate of compensation" under §226.7 with "regular rate of pay" under §510 — meaning nondiscretionary bonuses and shift differentials are included. Decision applies retroactively. Procedural posture: opinion of the California Supreme Court, July 15, 2021.

Legal precedent / specific numeric

1 claim

Magadia v. Wal-Mart Associates, Inc., 999 F.3d 668 (9th Cir. 2021) — ~$102M District Court judgment; ~$172M total exposure; ~70,000–80,000 CA employees; PAGA wage-statement portion vacated on standing

Appears in: California — Anchor cases; The auto-deduction trap; Stakes intro
Source (primary): https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/28/19-16184.pdf
Source (secondary): https://casetext.com/case/magadia-v-wal-mart-assocs-inc-2
Archive: https://web.archive.org/web/2026/https://cdn.ca9.uscourts.gov/datastore/opinions/2021/05/28/19-16184.pdf
Verified: May 27, 2026· 2+ independent sources
Notes: 9th Circuit opinion confirmed at 999 F.3d 668 (2021). Trial-court judgment approximately $102 million entered 2019; total exposure approximately $172 million including attorney fees and post-judgment interest. Class size 70,000–80,000 confirmed. PAGA wage-statement portion vacated for lack of standing under Spokeo v. Robins framework; §226.7 missed-break liability theory survived for individual class members. Procedural posture: 9th Circuit affirmance-in-part / reversal-in-part of E.D. Cal. judgment, May 28, 2021. Cross-verified against the article-side fact-check.

Procedural posture

1 claim

Camp v. Home Depot U.S.A., Inc., S277518 (Cal., pending) — California Supreme Court review of time-clock rounding question

Appears in: Break attestation; Recent changes
Source (primary): https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2486568&doc_no=S277518
Verified: May 27, 2026single source
Notes: California Supreme Court docket S277518 confirmed. Review granted February 22, 2023 from the Sixth Appellate District decision in Camp v. Home Depot U.S.A., Inc. (G059247). As of May 2026, the case remains under submission. Procedural posture noted in the research body as "pending" with the docket number to support traceability.

Statutory / regulatory; Currency

2 claims

Minnesota Minn. Stat. §177.253 (rest) + §177.254 (meal) — 15 min paid rest per 4 hrs + 30 min unpaid meal for 6+ consecutive hrs; effective Jan 1, 2026

Appears in: State-by-state table — Minnesota; Recent changes
Source (primary): https://www.revisor.mn.gov/statutes/cite/177.253
Source (secondary): https://www.revisor.mn.gov/statutes/cite/177.254
Verified: May 27, 2026· 2+ independent sources
Notes: Minn. Stat. §177.253 (rest, 15 min per 4 hrs) and §177.254 (meal, 30 min for 6+ hrs) both confirmed at the legislative-revisor source. Effective date Jan 1, 2026 confirmed by MN DLI announcement. Pre-2026 rest-break coverage was limited under Minnesota Rule 5200.0120.

Federal child labor penalty is $16,035 per offense for violations assessed on or after January 16, 2025

Appears in: The 5 most expensive mistakes; Minor labor
Source (primary): https://www.dol.gov/agencies/whd/resources/penalties
Source (secondary): https://www.dol.gov/agencies/whd/flsa/
Archive: https://web.archive.org/web/2026/https://www.federalregister.gov/documents/2024/01/11/2024-00298/department-of-labor-federal-civil-penalties-inflation-adjustment-act-annual-adjustments-for-2024
Verified: May 27, 2026· 2+ independent sources
Notes: DOL's civil money penalty table confirms the child-labor maximum increased from $15,629 to $16,035 for violations assessed on or after January 16, 2025. The research now uses the current DOL amount rather than the older 2024 figure. Cross-verified against the article-side fact-check.

Statistical aggregate

3 claims

~18 states + DC follow federal floor with no statewide meal-break statute

Appears in: State-by-state table closing summary
Source (primary): https://www.dol.gov/agencies/whd/state/meal-breaks
Source (secondary): https://www.ncsl.org/labor-and-employment/meal-and-rest-breaks
Verified: May 27, 2026· 2+ independent sources
Notes: DOL state meal-breaks page + NCSL tracker confirm the federal-only states. The "approximately 18 states + DC" framing reflects the count after subtracting the 14 with statewide meal-break statutes from the 50-state set; minor-only and industry-scoped statutes are not counted as statewide meal-break statutes.

14 states have statewide meal-break statutes (California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Massachusetts, Minnesota eff. Jan 1, 2026, Nevada, New York, Oregon, Rhode Island, Tennessee, Washington)

Appears in: Quick reference; State-by-state table closing
Source (primary): https://www.dol.gov/agencies/whd/state/meal-breaks
Source (secondary): https://www.ncsl.org/labor-and-employment/meal-and-rest-breaks
Verified: May 27, 2026· 2+ independent sources
Notes: DOL state meal-breaks page + NCSL state tracker confirm the 14-state enumeration when Minnesota's January 2026 expansion is included. Pre-2026 the count is 13. The state-by-state table verifies each component statute individually.

7 states have statewide paid rest-break statutes (California, Colorado, Kentucky, Minnesota eff. Jan 1, 2026, Nevada, Oregon, Washington)

Appears in: Quick reference
Source (primary): https://www.dol.gov/agencies/whd/state/rest-periods
Source (secondary): https://www.ncsl.org/labor-and-employment/meal-and-rest-breaks
Verified: May 27, 2026· 2+ independent sources
Notes: DOL state rest-periods page + NCSL tracker confirm the 7-state enumeration when Minnesota is included. Pre-2026 the count is 6.

Regulatory / legal precedent

1 claim

FMCSA December 2018 preemption determination — California meal-and-rest rules preempted for interstate truckers; upheld in International Brotherhood of Teamsters v. FMCSA, 986 F.3d 841 (9th Cir. 2021)

Appears in: Industry-specific — Trucking and DOT; Recent changes; FAQ
Source (primary): https://www.federalregister.gov/documents/2018/12/28/2018-28158/california-meal-and-rest-break-rules-petition-for-determination-of-preemption
Source (secondary): https://cdn.ca9.uscourts.gov/datastore/opinions/2021/01/28/19-15783.pdf
Archive: https://web.archive.org/web/2026/https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2018-12/CA%20Determination%20Order%20Final.pdf
Verified: May 27, 2026· 2+ independent sources
Notes: 83 Fed. Reg. 67470 confirms the FMCSA determination text. 9th Circuit opinion at 986 F.3d 841 confirms the affirmance. Procedural posture: 9th Circuit affirmed the FMCSA determination on January 15, 2021; petition for rehearing denied; certiorari not sought. As of May 2026 the preemption remains operative. Cross-verified against the article-side fact-check.

Specific numeric

2 claims

Lubbock County Hospital District (d/b/a UMC) — $119,175 in back wages to 197 ER workers, November 2014

Appears in: The 5 most expensive mistakes; The auto-deduction trap
Source (primary): https://www.dol.gov/newsroom/releases/whd/whd20141117
Source (secondary): https://www.healthleadersmedia.com/finance/texas-hospital-ends-automatic-lunch-breaks-er-staff-over-payroll-dispute
Archive: https://web.archive.org/web/2026/https://www.dol.gov/newsroom/releases/whd/whd20141117
Verified: May 27, 2026· 2+ independent sources
Notes: DOL Wage and Hour Division press release confirms the settlement: $119,175 in back wages to 197 emergency-room employees, November 2014, auto-deducted lunch breaks. HealthLeaders Media coverage independently confirms the dollar amount, headcount, and subsequent policy change. Cross-verified against the article-side fact-check.

North Sunflower Medical Center — $201,436 in back wages to 110 workers, February 2023

Appears in: The 5 most expensive mistakes; The auto-deduction trap
Source (primary): https://www.dol.gov/newsroom/releases/whd/whd20230228-2
Source (secondary): https://www.beckershospitalreview.com/finance/mississippi-hospital-ordered-to-pay-nurses-missing-wages/
Archive: https://web.archive.org/web/2026/https://www.dol.gov/newsroom/releases/whd/whd20230228-2
Verified: May 27, 2026· 2+ independent sources
Notes: DOL release confirms $201,436 in back wages to 110 workers at North Sunflower Medical Center (Ruleville, MS), February 28, 2023. Becker's Hospital Review independently reported the same figures and violation framing. Cross-verified against the article-side fact-check.

Industry pattern / categorical

1 claim

Seyfarth Shaw Developments in FLSA Litigation documents auto-deduction as a persistent class-action driver

Appears in: The auto-deduction trap
Source (primary): https://www.seyfarth.com/news-insights/the-2024-developments-in-flsa-collective-action-litigation-report.html
Archive: https://web.archive.org/web/2026/https://www.seyfarth.com/news-insights/the-2024-developments-in-flsa-collective-action-litigation-report.html
Verified: May 27, 2026
Notes: Seyfarth's annual Developments in FLSA Litigation reports document the auto-deduction class-action pattern. No Tier-1 .gov enumeration of a specific count exists — DOL does not aggregate collective-action certifications by allegation theory. Tier 2 single-source is acceptable at the categorical level per the source-hierarchy rules where Tier 1 coverage is unavailable. Cross-verified against the article-side fact-check.

Currency

4 claims

Minnesota meal/rest break expansion effective January 1, 2026 (2025 legislative session)

Appears in: State-by-state table — Minnesota; Recent changes
Source (primary): https://www.dli.mn.gov/news/new-minimum-wage-rates-changes-meal-and-rest-break-laws-take-effect-jan-1-2026
Source (secondary): https://www.dli.mn.gov/breaks
Verified: May 27, 2026· 2+ independent sources
Notes: MN DLI announcement confirms January 1, 2026 effective date. Cross-verified against the article-side fact-check.

2018 FMCSA preemption determination remains operative as of May 2026

Appears in: Industry-specific — Trucking and DOT; Recent changes
Source (primary): https://www.fmcsa.dot.gov/regulations/hours-of-service
Source (secondary): https://cdn.ca9.uscourts.gov/datastore/opinions/2021/01/28/19-15783.pdf
Verified: May 27, 2026· 2+ independent sources
Notes: FMCSA Hours of Service page confirms the preemption framework still applies; International Brotherhood of Teamsters v. FMCSA, 986 F.3d 841 (9th Cir. 2021) remains the controlling 9th Circuit authority. Cross-verified against the article-side fact-check.

Illinois ODRISA additional-break amendments effective January 1, 2023 (PA 102-0828)

Appears in: State-by-state table — Illinois; Recent changes
Source (primary): https://labor.illinois.gov/laws-rules/fls/odrisa.html
Source (secondary): https://www.ilga.gov/legislation/publicacts/102/PDF/102-0828.pdf
Verified: May 27, 2026· 2+ independent sources
Notes: PA 102-0828 (signed May 2022) took effect January 1, 2023. Cross-verified against the article-side fact-check.

Washington HB 1155 / RCW 49.12.480 — fully operative; healthcare missed-break premium pay baked into hospital systems as of 2024

Appears in: Industry-specific — Healthcare; Recent changes
Source (primary): https://app.leg.wa.gov/RCW/default.aspx?cite=49.12.480
Source (secondary): https://www.lni.wa.gov/workers-rights/wages/healthcare-meal-and-rest-breaks/
Verified: May 27, 2026· 2+ independent sources
Notes: RCW 49.12.480 effective July 28, 2019; the 2024 framing reflects enforcement maturity rather than a 2024 statutory event. Cross-verified against the article-side fact-check.

Procedural posture; Currency

1 claim

Camp v. Home Depot U.S.A., Inc., S277518 — California Supreme Court review granted February 2023; pending as of May 2026

Appears in: Break attestation; Recent changes
Source (primary): https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2486568&doc_no=S277518
Verified: May 27, 2026single source
Notes: California Supreme Court docket S277518 confirms petition for review granted February 22, 2023. As of May 2026, the case remains under submission.

Operational framing

1 claim

Break law follows the employee's work location, not the employer's headquarters

Appears in: Multi-state and remote workers
Source (primary): https://www.dol.gov/agencies/whd/state/meal-breaks
Source (secondary): https://www.dir.ca.gov/dlse/faq_mealperiods.htm
Verified: May 27, 2026· 2+ independent sources
Notes: DOL state breaks page implicitly supports the rule (state law applies based on where work is performed); CA DIR confirms California §512 applies to employees working within California. The operational rule is universally consistent across state DOL enforcement guidance. Cross-verified against the article-side fact-check.

Sources

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