Ramifications if the employer does not have a written agreement that includes an on-duty meal period

At-will, on-call, hourly, nonexempt employees who are paid for on-duty meal periods are also entitled to premium wages if the employer does not have a written agreement that includes an on-duty meal period revocation clause. Unpaid premium wages for meal break violations accrue prejudgment interest at 7%. Unpaid premium wages for meal break violations do not entitle employees to additional remedies pursuant to Labor Code §203 and §226 if their pay or pay statements during the course of the violations include the wages earned for on-duty meal breaks, but not the unpaid premium wages; without §226 penalties, attorney fees pursuant to §226(e) may not be awarded. (Naranjo v. Spectrum Security Services, Inc. - filed Sept. 26, 2019, Second District, Div. Four, 2019 S.O.S. 2833.)