Governor Schwarzenegger
has signed A.B. 2613 into law, creating an overtime exemption for private elementary
and secondary school teachers who don’t hold a
there was some confusion over whether noncredentialed private school teachers
could be exempt. The law takes effect Jan. 1, 2007.
Paying Overtime: 10 Key Exemption Concepts
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New Overtime Exemption
The law states that
overtime requirements— premium pay for working more than 8 hours in a day or
more than 40 in a week—do not apply to a teacher working at a private
elementary or secondary school for children enrolled in kindergarten or grades
1 through 12. To qualify for the new exemption, the teacher must satisfy these
four conditions:
1. Be primarily engaged
in the duty of imparting knowledge to pupils by teaching, instructing, or
lecturing. Note that “primarily engaged” means that the teacher devotes more
than 50 percent of his or her employment hours to teaching.
2. Customarily and
regularly exercise discretion and independent judgment in performing the duties
of a teacher.
3. Earn a monthly salary
equivalent to at least two times the state minimum wage for full-time
employment. As of Jan. 1, 2007, when the minimum wage goes up to $7.50,
employees will need to earn at least $2,600 monthly (or $31,200 annually). As
of Jan. 1, 2008, the minimum monthly salary for exemption will jump to 2,773.33
(or $33,280 a year).
4. Have attained at least
one of the following levels of professional advancement: a baccalaureate or higher
degree from an accredited institution of higher education, current compliance
with California Commission on Teacher Credentialing requirements, or the
equivalent certification in another state.
This overtime exemption
is in addition to, and doesn’t limit or supersede, any existing overtime
exemptions, including those for individuals employed in a managerial, administrative,
or professional capacity.
The exemption does not
apply to tutors, teaching assistants, instructional aides, student teachers, daycare
providers, vocational instructors, or similar employees.
To link to the new law,
go to www.leginfo.ca.gov/bilinfo.html.