BILL NUMBER: AB 2613	CHAPTERED
	BILL TEXT

	CHAPTER  159
	FILED WITH SECRETARY OF STATE  AUGUST 28, 2006
	APPROVED BY GOVERNOR  AUGUST 28, 2006
	PASSED THE ASSEMBLY  AUGUST 7, 2006
	PASSED THE SENATE  JUNE 29, 2006
	AMENDED IN SENATE  JUNE 15, 2006
	AMENDED IN ASSEMBLY  APRIL 24, 2006

INTRODUCED BY   Assembly Member Mullin
   (Principal coauthor: Senator Scott)

                        FEBRUARY 24, 2006

   An act to add Section 515.8 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2613, Mullin  Employment: overtime compensation: teachers.
   Existing law provides that 8 hours of labor constitutes a day's
work. Under existing law, any work in excess of 8 hours in one
workday and any work in excess of 40 hours in any one workweek and
the first 8 hours worked on the 7th day of work in any one workweek
is required to be compensated at the rate of no less than 11/2 times
the regular rate of pay for an employee.
   Existing law authorizes the Industrial Welfare Commission to
establish exemptions from the requirement that an overtime rate of
compensation be paid for executive, administrative, and professional
employees primarily, as defined, engaged in exempt duties and if
certain conditions are met.
   This bill would provide that these overtime compensation
requirements not apply to an individual employed as a teacher, as
defined, at a private elementary or secondary academic institution
teaching students in kindergarten or grades 1 to 12, inclusive, and
would further provide that this exemption not otherwise modify the
exemptions from overtime compensation established by the Industrial
Welfare Commission for professional, executive, and administrative
employees.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 515.8 is added to the Labor Code, to read:
   515.8.  (a) Section 510 does not apply to an individual employed
as a teacher at a private elementary or secondary academic
institution in which pupils are enrolled in kindergarten or any of
grades 1 to 12, inclusive.
   (b) For purposes of this section, "employed as a teacher" means
that the employee meets all of the following requirements:
   (1) The employee is primarily engaged in the duty of imparting
knowledge to pupils by teaching, instructing, or lecturing.
   (2) The employee customarily and regularly exercises discretion
and independent judgment in performing the duties of a teacher.
   (3) The employee earns a monthly salary equivalent to no less than
two times the state minimum wage for full-time employment.
   (4) The employee has attained at least one of the following levels
of professional advancement:
   (A) A baccalaureate or higher degree from an accredited
institution of higher education.
   (B) Current compliance with the requirements established by the
California Commission on Teacher Credentialing, or the equivalent
certification authority in another state, for obtaining a preliminary
or alternative teaching credential.
   (c) This section does not apply to any tutor, teaching assistant,
instructional aide, student teacher, day care provider, vocational
instructor, or other similar employee.
   (d) The exemption established in subdivision (a) is in addition
to, and does not limit or supersede, any exemption from overtime
established by a Wage Order of the Industrial Welfare Commission for
persons employed in a professional capacity, and does not affect any
exemption from overtime established by that commission pursuant to
subdivision (a) of Section 515 for persons employed in an executive
or administrative capacity.