At Swing, schools are required to offer W-2 subs a meal break when they work 5 hours or more. Under California law, all non-exempt W-2 subs must take one unpaid, uninterrupted 30-minute meal break by the end of the 5th hour of work.
For example, if a sub’s request is longer than 5 hours and the start time is 8:00 am, the latest time to take the meal break would be 12:59 pm. In other words, the school is responsible for assigning the sub a 30-minute break before 1:00 pm. The school must base the sub’s meal period on the requested start time and not the bell schedule.
Keep in mind if your school start time is 8:00 am and the student/staff lunch break is 1:20 pm, the subs meal period would need to be by 12:59 PM.
When is the best time for the Meal Break?
Typically, meal breaks are taken after the first 3-4 hours of the sub's request. Depending on each sub’s assignment, school admins can work with subs to determine the best time for their meal period.
Who is Eligible for a Meal Break?
All California Swing subs are considered W-2 employees. However, only W-2 subs who work more than 5 hours per day are eligible for 30-minute meal breaks.
What’s the Meal Break Penalty?
If any W-2 subs are not offered a compliant meal break, they will be paid a 1-hour penalty at the hourly rate of their request for each missed meal period.
For any further questions about the meal break policy or penalty, please don't hesitate to contact email@example.com