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Break Period for Exempt Employees California

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  • Break Period for Exempt Employees California

    I know that non exempt employees are to be provided paid break periods as well as a 30 minute meal period, but does this incluede exempt employees as well? Our company is saying that only Non'exempt employees are entitled to breaks. Can someone here please help me clear this up. Thank you!

  • #2
    The following is the CA-DLSE website with the meal rules. The "Non-Exempt employees only" is something your employer made up that is not actually reflected in the rules.

    http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Breaks for teachers

      I am a school teacher in San Bernardino and our administration is requiring all teachers to supervise hallways during passing periods. As we are on a rotating schedule, this means that it is possible that an employee might go 4hours without an opportunity to use the rest room. Are not the 4 minute passing periods considered "breaks" which all employees are entitled to?

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      • #4
        Most exempt employees are exempt from meal and rest breaks as well- executives, administrators and professionals don't get breaks.
        Megan E. Ross, Esq.
        Law Offices of Michael Tracy
        http://www.gotovertime.com

        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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        • #5
          Thank you for the reply sir!

          So the next question is..."What happens if a teacher needed to use the restroom during passing period?" If the teacher is given a reprimand, do they have recourse? What if a fight breaks out in front of the classroom that they were supposed to be supervising? Are they liable? Some teachers are going 4 1/2 hours without a restroom break.

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          • #6
            Teachers are exempt from breaks. If you go to the bathroom when you should be supervising students, you can be disciplined.

            If you have to go the bathroom more frequently due to pregnancy or a medical condition, you should ask for permission to go to the bathroom during passing period as a reasonable accommodation.
            Megan E. Ross, Esq.
            Law Offices of Michael Tracy
            http://www.gotovertime.com

            Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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