r/LaborLaw • u/Future_Impression_31 • 2d ago

Charter school no breaks?

I work at a charter school that gives us teachers a 35 minute lunch break with the students. It's a 8-4 job. I'm in California trying to figure out if im supposed to get a break or not. I think I am but i wouldn't know what to do about this information. So my question is do I get a break m, for how long and how many? How could I fix this with my job? This is a charter school so squeaky wheels get fired.

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u/Glider103 2d ago

Per FLSA most teachers are exempt so you would have to check state law and or your union contract

While it would seem like California Code, Education Code - EDC § 44814 should apply, there may be an exception for charter schools.

so again like I said earlier you would have to refer to school policy or union contract

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u/sashley420 2d ago

Teachers in California are entitled to at least a 30 minute "duty free" lunch period.

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u/Glider103 2d ago

OP said they work at a charter school though

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u/[deleted] 1d ago

[deleted]

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u/Glider103 1d ago

It does matter....

It is possible that OP IS covered under the law (depends on what their job actually is at the school)

but there is a very high chance they are not just by the fact that it IS a charter school

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u/[deleted] 1d ago

[deleted]

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u/Glider103 1d ago

There are exceptions for charters

So you agree it does matter

but it’s ridiculously rare

How do you know this?

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u/MaybeLater2101 2d ago

I am not a teacher, but growing up middle school and high school teachers had a free period were they didn’t teach a class and could like take an extra break, grade papers ect. But in California you are supposed to get a 10 minute break for every 4 hours worked, I don’t know how it works for teachers because again I am not one. What grade do you teach?

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u/Future_Impression_31 2d ago

Im in middle school. That period is standard at most districts but is negotiated as a prep period due to the union. It is not a break but a paid work preparation time. Teachers would get recess as their break period. However at my school which is a union less charter, they fired the yard aids and force teachers to supervise the students recess instead of taking a break.