Compensation: meal and rest or recovery periods.

Existing law prohibits an employer from requiring an employee to work during a meal or rest or recovery period mandated by an applicable statute, or an applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health and establishes as a penalty for an employer's failure to provide a mandated meal or rest or recovery period the payment by the employer to the employee of one additional hour of pay at the employee's regular rate of compensation for each workday that the meal or rest or recovery period is not provided. This bill would make that penalty the entire penalty amount to be awarded to an employee for a violation of that prohibition. The bill would prohibit the imposition of civil or criminal penalties under specific statutes if an employee recovers under these provisions, based on the same missed meal or rest period. The bill would require payment pursuant to these provisions to be considered a penalty for all purposes, including, but not limited to, the statute of limitations on an action.