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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37816
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hello, Im a care assistant in a secoundary school looking after

Customer Question

Hello, Im a care assistant in a secoundary school looking after a disabled student, for the past 3 years, I am paid pro-rata scale 3 for ten hours per week, I dont always spend the whole 10 hours with the student. but the hours are avalible to cover if needed.
I have been informed of a secound student who will require my assistance in school starting sept, but will not be paid any more for the additional child, im not a union member so not sure where i stand in disputing this decision. Any advice would be grateful thanks alison.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  LawTalk replied 5 years ago.
Good morning Alison,

I'm sorry to hear of the situation.

So long as you do not spend more than 10 hours a week between the two students, there is nothing to dispute.

If you spend longer than 10 hours though, you will be entitled to be paid for that additional time under CA employment laws.

You will want to speak with the powers that be and make sure that they understand and agree to pay you for additional hours---that will avoid a messy wage claim after the fact.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug

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