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Salary exempt break periods California

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  • Salary exempt break periods California

    Hello,
    I recently became a salary exempt professor at a college in LA. According to my knowledge of heblabor laws, anything over five hours require a 30 minute break. Unpaid, but not required to work during that time. Unless it's more than 5hts, but less than 6 - even then the waiver of that specific instance has to be mutually agreed upon. Since then (like yesterday) I teach a 3hr class in the morning, immediately following that, an hour "lunch" meeting, then two more three hour classes after that with only a 15 minute break in between.
    This question has two parts: they pay for the lunch but I don't get a break during that hour.
    Second: nearly every other day I have to teach for 6 hours straight with only 15 minutes between to get from one classroom to the next. I have gone 9hr days without being able to eat anything because there simply isn't time. I bring this up to them, but it's ignored. Or they say they can sub my class and I forfeit pay for that class. Is that retaliation? I just want to have a decent break to catch up with myself and mentally prepare for my next class. Now that I am salary, does none of this matter?

    Nils

  • #2
    From what I am finding, the laws on breaks in CA are for non-exempt employees. Exempt employees are paid a flat rate no matter how many hours are worked, as long as the minimum weekly salary is met.

    You can negotiate with your employer on your schedule to see if there is a way to get breaks in between classes, but they are not required to do so if you are exempt. Teachers/professors generally have a specific type of work schedule. My DH was an adjunct professor back in the 90s and sometimes you just have to take the classes that they give you until you get enough service to be able to have the ability to pick better classes/schedules.

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    • #3
      If you are a professor, you are most likely exempt (not paid hourly) in which case the meal break rule does not apply.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        California has industry specific regulations called Wage Orders. You find the WO specific to your industry and that will spell out who is and is not covered by specific rules such as breaks. I have no idea which WO covers you, but the General WO (number 4 I think) is always the default.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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