How the Fair Labor Standards Act (FLSA) Protects Daycare and Preschool Workers

Working in a daycare center or preschool requires patience, compassion, and considerable energy. Whether you're comforting crying toddlers or leading learning activities, your job plays a critical role in shaping young minds. But just as you support the children in your care, your employer is legally required to support you, especially when it comes to fair pay and working conditions.

The Fair Labor Standards Act (FLSA) outlines wage and hour protections for millions of workers, including those in the early childhood education sector. Here’s what you need to know.

Are Daycare and Preschool Workers Covered by the FLSA?

In most cases, yes. Since a 1972 amendment to the FLSA, nearly all preschools and daycare centers are considered “enterprises” under federal law. That means the law applies whether your workplace is public or private, for-profit or nonprofit.

You're likely covered if you work at:

• A daycare or childcare center
• A preschool or nursery school
• A Head Start program
• Any facility serving preschool-aged children

However, if you care for children in your own home without employees, the law may apply differently.

Wage and Hour Rights Under the FLSA

Here’s what the law says about how you're supposed to be paid:

Minimum Wage

Nonexempt employees must be paid at least the federal minimum wage, currently $7.25 per hour. Some states and localities require higher minimum wage rates.

Overtime Pay

You are entitled to time-and-a-half pay (1.5x your regular rate) for any hours worked beyond 40 hours in a single workweek.

Workweek Definition

Your employer can set the start of your workweek on any day, provided it remains consistent.

Recordkeeping Requirements

Employers are required to accurately track your daily and weekly hours. If you’re working overtime but only being paid your standard rate or receiving a flat fee for those extra hours, that could be a violation of the law.

Breaks and Meal Periods

This one’s important because many daycare workers are often shortchanged here. If your employer allows breaks (usually around 20 minutes), that time counts as paid work time.

However, meal periods (typically lasting 30 minutes or more) do not require payment. This applies only if you’re fully relieved of duties during that time.

If you're still supervising children while you eat, you’re technically still working. And for that reason, your employer must pay you for that time.

Meetings and Training Time

Mandatory meetings or required training must be compensated, unless all of the following are true:

• The training is outside your regular hours,
• It’s entirely voluntary,
• It’s not job-related, and
• You don’t perform any work during it.

If your employer or state licensing requires the session, you’re owed pay.

Youth Employment Protections

If you’re under 18, special rules apply:

• Workers under 16 are subject to strict limits on hours and job duties.
• Those under 18 are prohibited from performing hazardous work (such as driving school buses).

Are Preschool Teachers Exempt from Overtime?

Sometimes, but not always. To qualify as an exempt “professional,” your primary duty must be teaching, instructing, or lecturing, not just watching kids or helping with meals and bathroom breaks.

If you're not directly involved in lesson planning or education, your employer may not legally classify you as exempt from overtime or minimum wages.

Common FLSA Violations in Childcare

Here are some red flags that could signal wage violations:

• Being told to clock out for lunch, but still supervising kids
• Receiving a flat fee for extra hours, instead of overtime pay
• Pay deductions for uniforms or supplies that benefit the employer
• Being misclassified as exempt without actual teaching duties
• Being paid overtime only after 80 hours over a two-week period (illegal – overtime is any hours over  40 per week)

If any of this sounds familiar, it may be worth exploring your rights.

What About FMLA?

If your workplace has 50 or more employees and you meet certain requirements, you may be entitled to unpaid, job-protected leave under the Family and Medical Leave Act. This could include leave for:

• The birth or adoption of a child,
• Caring for a seriously ill family member,
• Or taking time off for your own serious health condition.

You must have worked for your employer for at least 12 months and clocked 1,250 hours in the past year to qualify.

You Deserve to Be Paid Fairly

Your job isn’t easy, and the law is on your side. Whether you're supervising nap time or teaching phonics, you deserve proper pay, fair hours, and legal protection.

If you think your rights under the FLSA have been violated, get in touch with Morgan & Morgan immediately for a free, no-obligation case review. Our employment lawyers may be able to fight for you.

This information is based on fact sheets provided by the DOL.