AB 2120, as introduced, Ridley-Thomas. Compensation: child care instructor.
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 1½ 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.
Existing law provides that the overtime compensation requirements described above do not apply to an individual employed as a teacher, as defined, at a private elementary or secondary school but do apply to a tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee.
This bill would instead provide that the overtime compensation requirements do not apply to a tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee at a private elementary or secondary school.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 515.8 of the Labor Code is amended to
2read:
(a) Section 510 does not apply to an individual
4employed as a teacher at a private elementary or secondary
5academic institution in which pupils are enrolled in kindergarten
6or any of grades 1 to 12, inclusive.
7(b) For purposes of this section, “employed as a teacher” means
8that the employee meets all of the following requirements:
9(1) The employee is primarily engaged in the duty of imparting
10knowledge to pupils by teaching, instructing, or lecturing.
11(2) The employee customarily and regularly exercises discretion
12and independent judgment in performing the duties of a teacher.
13(3) The employee earns a monthly salary equivalent to no less
14than two times the state minimum wage for full-time employment.
15(4) The employee has attained at least one of the following
16levels of professional advancement:
17(A) A baccalaureate or higher degree from an accredited
18institution of higher education.
19(B) Current compliance with the requirements established by
20the California Commission on Teacher Credentialing, or the
21equivalent certification authority in another state, for obtaining a
22preliminary or alternative teaching credential.
23(c) begin deleteThis section does not end deletebegin insertSection
510 does not end insertapply tobegin delete anyend deletebegin insert aend insert
24 tutor, teaching assistant, instructional aide, student teacher, day
25care provider, vocational instructor, or other similar employeebegin insert end insertbegin insertat
26a private elementary or secondary academic institution in which
27pupils are enrolled in kindergarten or any of grades 1 to 12,
28inclusiveend insert.
29(d) The exemption established inbegin delete subdivision (a)end deletebegin insert
subdivisions
30(a) and (c)end insert is in addition to, and does not limit or supersede, any
31exemption from overtime established by a Wage Order of the
32Industrial Welfare Commission for persons employed in a
33professional capacity, and does not affect any exemption from
P3 1overtime established by that commission pursuant to subdivision
2(a) of Section 515 for persons employed in an executive or
3administrative capacity.
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