- All non-exempt employees (hourly employees) must have one 10-minute rest break for every four hours of work.
- You are entitled to a second rest break if you worked over 6 hours.
- If you work less than 3.5 hours in a shift, you are not entitled to a 10-minute rest period.
- If you work between 3.5 hours and 6 hours, you are entitled to one uninterrupted 10-minute break period.
- Hourly employees who work between 6 and 10 hours, get two uninterrupted 10-minute rest periods.
- Hourly employees who work between 10 and 14 hours, get 3 uninterrupted 10-minute break periods.
Your break is paid and must be uninterrupted meaning we can’t ask you to do any work during this break. The break should fall close to the middle of the four-hour shift, not at the very beginning or end.
- Employee’s may voluntarily elect to skip their break, but we cannot force you to skip your break. If we do, we owe you 1 additional hour of premium pay as a penalty.
When a staff person arrives to provide you, your break or lunch period, you must be ready to go at that time. All breaks and lunches are coordinated and if you leave later that what we have coordinated, all the remaining breaks/lunches will be delayed. This is unacceptable.
Staff members cannot write in that they did not receive a break or a lunch on their timecard. You must notify the Director if you have not had a break—2 hours after your start time or for lunch at least 4 hours after your start time and/or 2 hours before your ending time.
If a staff member arrives for your break and you do not wish to go at the time, you have forfeited your break time. You must take the break when it is provided. If you decline to go on the break, you must write a note saying you decline the break and it is understood that you have given up your opportunity for that beak time whether it is a morning or pm break.
If for religious purposes, you request to take your break and lunch together for the purposes of prayer, you must sign an agreement with us in order to do so.
Failure to relieve the person you have been assigned to, can and will result in an oral warning. If it continues it will result in a written and continue through the disciplinary process. The only time that it is acceptable to miss relieving a staff member is if it will put you out of ratio if you leave the room. If that is the case, you must notify the Director immediately. If the Director is unavailable, you must notify the Floor Supervisor.
We are required to provide rest breaks for 10 minutes in length. At present, we are providing 15 minutes. Taking more than what is allotted is against our company policy. If you are allotted an hour for lunch, you cannot clock in early which will result in overtime. The only time you may clock in before your lunch period ends is if the Director or Floor Supervisor has asked you to. Failure to adhere to this policy, can lead to termination. to a 1-hour lunch. If your shift starts at 8:00 am and your shift ends at 4:30 pm, you would be entitled to a ½ hour lunch
When you should take your lunch
Given the nature of your job, you must have relief in order to take a lunch or break. At no time, can you leave the children unsupervised to take a lunch or break. Therefore, in order for you to take lunch or a break, relief must be present. However, it is your responsibility to notify us if you have not been provided lunch by the 4th hour of work. We want you to take your lunch by the 4th hour of work. If no one has arrived to provide you, your lunch, you must notify the director. At no time, can an employee take their lunch in the 5th hour unless a Supervisor has given you written authorization to do so. Failure to follow these procedures can result in disciplinary actions, up to and including termination.
BYA is required to provide a 30-minute meal break once the employee has worked 5 hours. We do not have to pay for this time, in other words, meal breaks are unpaid. If the employee’s workday will be completed in six hours or less, Baby Yale may consent to waive e (give up) the right to a meal break.
- An employee who works 10 hours is entitled to a second 30-minute unpaid meal break. If the entire workday will not exceed 12 hours, the employee may waive the right to a second meal break. However, the second break may be waived only if the employee actually took the first break. In other words, the employee may not waive both breaks in one day.
- If the nature of the job prevents employees from taking a break from all duties, employers may provide an on-duty meal period. However, this time must be paid, and the employee must agree to the on-duty break in writing.
Listed below is the Schedule for California Minimum Wage rate 2017-2023:
|Date||Minimum Wage for Employers with 25 employees or less||Minimum Wage for Employers with 26 employees or more|
|January 1, 2017||$10.00/hour||$10.50/hour|
|January 1, 2018||$10.50/hour||$11.00/hour|
|January 1, 2019||$11.00/hour||$12.00/hour|
|January 1, 2020||$12.00/hour||$13.00/hour|
|January 1, 2021||$13.00/hour||$14.00/hour|
|January 1, 2022||$14.00/hour||$15.00/hour|
|January 1, 2023||$15.00/hour|
All employees begin their initial employment with an hourly rate commiserate with their educational and work experience.
Degrees beyond the baccalaureate are subject to higher rates of pay. Extensive formal childcare experience may also be considered as a factor in determining starting wages in lieu of an earned degree. Increases to an employee’s starting wage occur at the end of each evaluation period, as noted in the Evaluation and Advancement section below.
If a salaried position becomes available, the annual salary will be determined by education, experience, and other similar factors.
Pay Schedule/Recording Hours
We are paid on the 15th and the 30th of each month. Employees are paid on a semi-monthly basis on Fridays. Paychecks will be distributed by 4:00 – 4:30 PM. If the 15th or 30th falls on a Saturday or Sunday, the paychecks will be distributed on the Monday following the scheduled pay period.
Employees must sign in and out to accurately record the actual hours worked. Employees who falsely represent the number of hours worked or those who fail to sign in and out correctly may have their paycheck delayed and may be subject to disciplinary action up to and including termination.
When a payday falls on a holiday, paychecks will be issued on the next business day after the holiday.
Employees will be notified at the time of hire as to whether they are classified as “exempt” or “non-exempt” as determined by the Fair Labor Standards Act. The overtime policy addresses payment for overtime for Non-Exempt employees only. Definitions of Exempt and Nonexempt Employees can be found in the Employee Classification section of this document.
The nature of the duties and responsibilities of some non-exempt employees may require overtime work from time to time. Overtime work should be considered an exceptional situation.
The Center Director must approve all overtime prior to the employee working the overtime hours. In cases when obtaining prior approval is not possible, such as situations involving the late pick-up of children by their parents, the employee must inform the Directors of the situation as soon as possible following the overtime hours. Employees who do not seek prior approval for working overtime will be subject to disciplinary action up to and including termination.
If circumstances dictate the need for overtime, the Center Director may inform an employee of the need to work overtime with little or no notice.
If a non-exempt employee is required to work overtime hours, the employee will receive monetary compensation for the additional hours worked as mandated by federal and state laws.
- The rate of overtime pay is one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday and for the first eight hours of work on the seventh consecutive day of work in a workweek.
- Double the employee’s regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
- If overtime is required and is scheduled for you, you must work the overtime barring a grave emergency. Failure to work scheduled overtime can result in disciplinary actions up to and including termination. Except for the 7th day in a workweek.
Evaluation and Advancement
Reviews of an employee’s work are important to help determine advancement at the Center and an employee’s suitability for continued employment. Provisional employees may be evaluated at the 2 months, 4- and 6-months’ mark; employees who successfully complete the provisional employment period are then evaluated annually thereafter, on or near the anniversary of the first day of employment. Verbal feedback is given throughout the assignment. The impact of successful evaluations on wages are described herein.
The first 6 months of employment are provisional. At the end of the 2nd month, the first review of the employee may take place. A second, more extensive review may occur after the employee has worked 4 months.
Once an employee has successfully been employed by BYA for 6 months, future reviews will be conducted on an annual basis, occurring on or near the anniversary of the first day worked. Raises will be performance-based but are not given. Exemplary service and performance may be rewarded with a more substantial raise; a poor review (but with correctable behaviors) may result in a smaller raise or no raise at all.
The purpose of each evaluation is to determine an employee’s overall fitness for the job, the assigned duties, and the Center. They are intended to be a positive experience for the employee and the Center Director. Each evaluation will assess the entire period of employment since the employee’s previous appraisal.
The first evaluation 2 months helps to determine a new employee’s overall competence and fitness for the job, as well as how the employee fits with the Center and its goals. Subsequent evaluations consider overall job performance, in accordance with the employee’s job description and other appropriate criteria as determined by the Director (such as goals) and conveyed to the employee.
Evaluations not only look back on an employee’s performance, but also look forward by establishing short-term and long-term goals for the employee. Goals should serve both the needs of the Center and the employee, allowing both to grow. Progress toward reaching those goals may be used in an employee’s annual evaluation.
During the evaluation, the Center Director will go over the evaluation with the employee, discussing the employee’s accomplishments, progress, and any areas of concern. The employee will be expected to sign the evaluation to indicate discussion and receipt of a copy of the evaluation. Note that signing the evaluation does not mean that the employee agrees with every item listed or discussed; in the case of an employee’s disagreement with the appraisal, written comments from the employee may be attached to document the employee’s objections to items (or the evaluation), as well as provide the employee’s rebuttal to specific items. Refusal to sign the evaluation does mean the employee will be subject to disciplinary action up to and including termination. All employees will receive a copy of their annual evaluations. The original, signed evaluation will be placed in the employee’s personnel record.