& Pre-School Employees
Federal overtime law applies to pre-schools regardless of
whether public or private and whether operated for profit or not for
profit. This means that daycare centers
and pre-school employees are covered under minimum wage and overtime laws.
Establish the workweek for pay purposes
Maintain complete and accurate records of each
employee’s daily and weekly hours worked each week.
Pay at least the federal minimum wage (currently
$5.15 per hour) to all non-exempt employees for all hours actually worked.
pay overtime (one and a half the normal pay)
- taking someone off the clock for lunch when they
are required to remain with children and supervise them, attend parent staff
meetings, run errands for the employer
not paying proper overtime for staying late or
improperly labeling employers as excluded from
overtime after 80 hours in two weeks instead of the required overtime payment
after 40 hours in each week.
Teachers: teachers in preschool and kindergarten settings may qualify for
exemption as “professionals” under the same conditions as a teacher in an
elementary or secondary school. See
Meal Periods: Employers that authorize short breaks or rest periods must
count them as hours worked. Meal
periods should not be compensated as work time unless they are still involved
in job duties.
Meetings and Training Programs: Attendance at lectures, meetings, training
programs, and similar activities must be counted as working time unless all
four of the following criteria are met:
occurs outside normal scheduled hours of work
is completely voluntary
is not job-related
other work is performed during the period