California requires that employees be separately compensated for paid rest periods whenever their pay formula does not already account for that time. After Vaquero v. Stoneledge Furniture, that rule reaches commissioned retail sellers, not just piece-rate workers: a commission plan — including one with a draw against future commissions — does not separately pay for the ten-minute rest periods the employee is entitled to, because the seller earns nothing toward commission while resting. The parallel piece-rate rule is codified at § 226.2.

This calculator estimates the unpaid separate rest pay. Enter the rate at which rest should have been paid — commonly at least the applicable minimum wage, or the contractual/average hourly rate where higher.

#Separate rest-pay estimator

For a commission or piece-rate plan that did not separately pay for rest.

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