know your rights
the cards below summarize california and federal law as a baseline. pick your state further down for the real agency contacts. not legal advice, a starting place.
in california, the teacher is owed a paid 10-minute rest for every 4 hours worked (or major fraction). the break is on the clock. it is not a favor.
in the room:a co-teacher or floater covers the room. ratio is the employer's problem to solve, not the teacher's.
where to go:if the break keeps getting skipped, the california labor commissioner takes wage claims for missed rest premiums (one hour of pay per missed break).
a duty-free, off-the-clock meal of at least 30 minutes is owed before the start of the sixth hour. duty-free means the teacher is not responsible for the room.
in the room:eating lunch while supervising nap counts as on-duty and must be paid, or replaced with a real break later.
where to go:missed meals are also a wage claim with the california labor commissioner. keep a private log of dates and times.
non-exempt staff earn 1.5x pay after 8 hours in a day, after 40 in a week, or for the first 8 hours of a seventh consecutive day. double time kicks in after 12.
in the room:this applies even if the schedule is salaried-looking. most lead teachers in licensed centers are non-exempt.
where to go:unpaid overtime can be claimed for up to 3 years back. start with the california labor commissioner or legal aid at work.
as of 2024, california employers must provide at least 5 days or 40 hours of paid sick leave per year. it can be used for the teacher's own illness, a family member's, or for safe time after violence.
in the room:no doctor's note can be required for the first 3 days. retaliation for using sick time is illegal.
where to go:the labor commissioner enforces paid sick leave. some cities (sf, oakland, la, san diego) have stronger local laws.
if the employer ends the job, all wages (including unused vacation) are owed that same day. if the teacher quits with 72 hours' notice, the final check is owed at the last shift. otherwise within 72 hours.
in the room:late final pay accrues a waiting-time penalty of one day of pay per day late, up to 30 days.
where to go:this is one of the cleanest claims the labor commissioner handles.
the national labor relations act protects two or more workers discussing wages, hours, or working conditions. a no-talking-about-pay rule is illegal, in writing or said out loud.
in the room:comparing schedules, comparing raises, asking around about a director's behavior, all protected.
where to go:the national labor relations board takes these complaints. there is no fee. legal aid at work can help draft the charge.
firing, demoting, cutting hours, or schedule punishment after a complaint about pay, safety, or licensing is illegal retaliation.
in the room:save every text, email, schedule change, and write down the date. retaliation cases are won on the timeline.
where to go:the labor commissioner's retaliation complaint unit (rci) handles these, and so does cal/osha for safety.
california is at-will, but an employer still cannot fire the teacher because of race, gender, pregnancy, disability, age, religion, immigration status, sexual orientation, or for reporting illegal activity.
in the room:a vague reason like "not a good fit" given right after a protected complaint or accommodation request is a red flag worth documenting.
where to go:the civil rights department (formerly dfeh) handles wrongful termination tied to a protected category. talk to a worker-side employment lawyer for a free consult.
pick your state
the cards above are california and federal. pick your state below to get the real .gov agencies that handle labor, civil rights, child care licensing, and child welfare reporting.
labor & wage
california labor commissioner's officecivil rights & discrimination
california civil rights departmentchild care licensing
california community care licensingchild abuse reporting
california child abuse hotlines (county directory)not legal advice. for a specific situation, a worker-side employment lawyer, union rep, or legal aid clinic is the final word.
