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The following is not meant to be legal advice.

In the Murphy case, the California Supreme Court determined that the additional hour of pay constitutes a wage, which has a three-year statute of limitations, not a penalty, which has a one-year statute of limitations.

California Labor Code § 226.7 provides that an employer shall pay the employee one additional hour of pay at the employer's regular rate of compensation for each workday that the meal or rest period is not provided.

In light of the Murphy decision, employers might evaluate employee exempt classification.  Employers should take seriously employee complaints alleging meal or rest period violations, and immediately address claims.  Non-exempt employees who bring claims for unpaid meal or rest periods may seek recovery of the additional hour of pay for each workday in which an alleged violation occurred during the three-year period prior to bringing the claim.