California labor law requires both rest breaks and meal breaks for nonexempt employees. Exempt employees are not protected under these laws, nor are they entitled to rely on overtime and minimum wage laws. Figuring out whether a particular employee is exempt or nonexempt can be a confusing and complex assignment.

    Are California teachers exempt or nonexempt? The truth is anything but simple: some are exempt and some are nonexempt. Those that are nonexempt must be given both rest and lunch breaks just like all nonexempt employees in California. Those that are exempt are only entitled to whatever work breaks their contract gives them.

    Nonexempt Employee Protections

    California protects nonexempt employees with a variety of employment laws. These employees are entitled to rely on the state's minimum wage law, setting a minimum hourly wage that a California worker must receive whether they are paid by the hour or are salaried. Currently, the minimum wage for employers with more than 25 employees is $14 an hour, while for smaller employees, it is $13 an hour. And California allows cities and counties to establish a minimum wage higher than the state's minimum wage; many have, including all of the largest cities in the state.

    In addition, nonexempt employees are entitled to overtime pay in California when they work long hours. This is either time-and-a-half of their regular hourly wage or double their regular hourly wage. Overtime must be paid for any hours they are asked to work in one day that exceeds their normal schedule.

    That applies to more than an 8-hour workday in a regular schedule, or more than 10 hours in a work day for those on a four-day "alternative" workweek schedule. Overtime is also required for working more than a 40-hour week and working more than six consecutive days.

    California Employee Break Requirements and Lunchtime Rules

    California labor laws also mandate that an employee is entitled to an on-the-clock (paid) rest break of 10 minutes during a shift of between three 1/2 and four hours. The employee must get two 10-minute work breaks if the shift is eight hours or more.

    The state also mandates unpaid meal breaks of 30 minutes when an employee works more than five hours in a day. Those working a shift of 10 or more hours are entitled to two meal breaks. This duty-free lunch period is personal time; the employee is free to leave the worksite and cannot be required to perform any work.

    Exempt Employee Protections

    Those categories of employees who are exempted from the protection of the labor laws are not entitled to rely on these protections . Exempt employees are generally paid more than nonexempt workers and are often working in more important positions with more bargaining power.

    The California employment laws allow an employer and an employee (or their union) to set the terms of their employment contract. Exempt employees usually work in administrative, executive or professional jobs or are covered by all-inclusive union contracts.

    What Is an Exempt Employee?

    State laws and regulations define the characteristics of exempt employees. Generally, to be exempt an employee must work in an administrative, executive or professional capacity. To meet that test, a worker must work full time, at least 40 hours a week, and either :

    • Be engaged in work which is primarily intellectual, managerial or creative, and which requires exercise of discretion and independent judgment, or
    • Be licensed or certified by the State of California and work in one of these recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching or accounting.

    In addition, the employee must earn a monthly salary equivalent to at least two times the state minimum wage for full-time employment (40 hours a week). At the current minimum wage of $14 times 2,080 work hours in a year, that means that the employee must earn at least $58,240 a year. Note that this will be the standard used even if the employee works in a city like Los Angeles that mandates a higher minimum wage. For the purposes of the exempt employee definition, the state minimum wage is used.

    If any of these elements are not met, the employee is not an exempt employee for the purposes of California's overtime laws.

    Teachers as Exempt Employees

    Most full-time teachers meet the requirements to be exempt employees and are classified as such. That is, most teachers in the state are education professionals, hold a teaching certificate issued by the state, and earn a salary that is over $2,240 a month.

    Teachers in this category are generally members of a union that bargains with the state to set attractive salaries and reasonable working conditions in the schools. These terms become part of the union contract. Unions will insist on reasonable break periods for teachers, as well as emergency time off.

    However, some teachers in the private sector may not hold teaching credentials from California. These private school teachers can be classified as exempt under a different set of requirements. That is, they are considered exempt if they teach full time, instruct students in kindergarten or any grade 1 through 12, earn at least twice California's minimum wage, and hold a BA degree from an accredited institution of higher learning, or a teaching credential from any other state.⁠

    Break Time for Part-time Teachers

    Given that California's labor regulations about exemptions specifically apply only to full-time employees, anyone working less than full-time as a teacher may be nonexempt. That means that part-time or substitute teachers may have rights under California's break laws. It depends on how many hours they work in a "shift."

    If a part-time or substitute teacher is asked to take over for one or two periods in a day, neither the meal break laws nor the rest break laws will apply. That's because each has a prerequisite period they must work before the right to a break kicks in. The only nonexempt employees entitled to a work break are those with work shifts of at least five hours. For rest breaks, they must work a substantial part of a four-hour shift.

    How much lunch breaks do teachers get?
    A '"reasonable length" of time is at least 20 minutes, and is usually a lunch break. A representative from the Association of School and College Leaders (ASCL) clarified this for us. In practice, unions will likely recommend a longer time period. more
    How long is lunch break in TCS?
    34 answers All lunch break including with this 8 hours. The project decides the shift timming. The working hours are 24x7 but you will get two week offs. TCS working hours are quiet easy with fun of work. more
    How long is Walmart lunch break?
    Walmart requires a mandated 30-minute unpaid meal break during 6- to 8-hour shifts, as well as a paid 15-minute break during the first four hours of the shift and a paid 15-minute break during the second half of the shift. Shifts longer than ten hours include an additional unpaid 30-minute meal break. more
    Is there a lunch break Step 1?
    Step 1 Exam Timing: You will have 8 hours and 25 minutes to complete Step 1. There are 7 sections consisting of 40 items each with a 5-minute optional break after each section (sections 1, 2, 3, 5, and 6) and a 45-minute optional lunch break provided after section 4. more
    What time is lunch break in Italy?
    The Italian lunch break, known as a riposo, pisolino or pennichella depending on where you are in Italy, usually lasts several hours between noon and 4 p.m. for most (via So Yummy). During this time, they can eat a large leisurely lunch of three or four courses. more
    What time is lunch break in Canada?
    The Code provides at least one break every 5 consecutive hours of work, of a minimum duration of 30 minutes. Essentially, the break must be taken before the 5 hours are up (4.5 hours of work and 30-minute break). Thus, the break cannot be split (for example into two 15-minute breaks). more
    Do surgeons break for lunch?
    Anesthesiologists regularly take breaks during operations, whereas surgeons do so more rarely. more
    Are teachers entitled to a lunch break?
    Is there a right to a lunch break? Yes, any teacher who works for more than one school session on any school day must be given a break of 'reasonable length' between sessions or between the hours of 12 noon and 2pm. more
    How long is a Walmart lunch break?
    Walmart requires a mandated 30-minute unpaid meal break during 6- to 8-hour shifts, as well as a paid 15-minute break during the first four hours of the shift and a paid 15-minute break during the second half of the shift. Shifts longer than ten hours include an additional unpaid 30-minute meal break. more
    Does the MCAT have a lunch break?
    MCAT breaks between sections You will have a 10-minute break after every section. However, after CARS, you will have a 30-minute lunch break. When you are on break, bring out your pencils and scratch paper to the proctor. Upon return to go back to testing, they will give you new pencils and scratch paper. more
    What time is lunch break in Germany?
    30 minutes The average working week in Germany is between 36 and 40 hours. The majority of full-time jobs in Germany are seven or eight hours a day, five days a week, with an hour or 30 minutes' break at lunchtime. more

    Source: legalbeagle.com

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