Thus, an employee is not considered "relieved" if required to continue to watch over children while they and the employee eat their meal. The employee is not relieved from duty if required to perform any duties, whether active or inactive, while eating. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time as long as the employee is completely relieved from duty for the entire meal period for the purpose of eating a regular meal. Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote employee efficiency) and are customarily paid for as working time. Rest and Meal Periods: Employers that authorize short breaks or rest periods must count them as hours worked. It should be noted that, although a preschool may engage in some educational activities, preschool employees whose primary duty is to care for the physical needs of the facility’s children would ordinarily not meet the requirements for exemption as teachers under the applicable regulations. Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in this activity as a teacher in educational establishment. Preschool Teachers: Bona fide teachers in preschool and kindergarten settings may qualify for exemption from the minimum wage and overtime pay requirements as “professionals” under the same conditions as a teacher in an elementary or secondary school. Comply with all youth employment standards, such as restrictions on working hours, operating certain equipment, or performing work in certain occupations for minors under age 16 and, if under age 18, restrictions against performing certain hazardous occupations (which include driving a school bus, among others).Pay at least one-and-one-half times each employee’s regular rate of pay as overtime compensation to each nonexempt employee for all hours worked over 40 in each workweek.Pay at least the federal minimum wage to all nonexempt employees of not less than $7.25 per hour effective July 24, 2009, for all hours actually worked.Maintain complete and accurate records of each employee’s daily and weekly hours worked each week.Establish the workweek for pay purposes (7 consecutive 24-hour periods), which may begin on any day of the week in the employer’s discretion (but remains fixed once established).As a result, all such enterprises are required to comply with applicable provisions of the FLSA. The 1972 Amendments to the FLSA specifically extended FLSA coverage to preschools as covered "enterprises," regardless of whether public or private or operated for profit or not for profit, and without regard to the annual dollar volume of the business. Individuals who care for children in their home are not considered daycare centers unless they have employees to assist them with the care of the children. This includes nursery schools, kindergartens, head start programs, and any similar facility primarily engaged in the care and protection of preschool age children. This fact sheet provides general information on how the FLSA applies to daycare centers and preschools.ĭaycare centers and preschools provide custodial, educational, or developmental services to preschool age children to prepare them to enter elementary school grades.
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