If I’m a classified employee of a school working as a paraprofessional, what is my right to a break?

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If I’m a classified employee of a school working as a paraprofessional, what is my right to a break?

I work 3.75 hours per day. My boss is trying to tell me that I am not entitled to a break, because the district’s contract only says that employees working 4 hours or more get a 15 minute break. Yet state labor law says that you don’t have to provide a break if the employee works under 3.5 hours per day. Which applies to me?

Asked on November 29, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given what you have written with respect to your hours of employment per day, state law controls your situation and you are entitled as a matter of law to take a fifteen minute break most likely at the end of 1.85 hours of work.


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