PRIVATE TEACHERS EXEMPTION
Certain private teachers are exempt from California Overtime.
[Rule]
California law requires that in order for a teacher to be exempt from overtime, the employer must prove all of the following elements:
Element Number 1
The teacher works at a private elementary school or secondary academic institutions (e.g. kindergarten to 12th Grade).
Element Number 2
The employee is primarily engaged in the duty of teaching instructing, or lecturing students;
Element Number 3
The teacher exercises discretion and independent judgment in performing the duties of a teacher;
Element Number 4
Earns a monthly salary that is at least twice the state’s minimum wage; and
Element Number 5
Has a baccalaureate degree or meets the requirements for a teaching credential.
DID YOU KNOW:
Even if the teacher does not fall under the Private Teachers Exemption, the teacher can be exempt under other exemptions, such as, the Administrative Exemption or Professional Exemption.
WHO CAN THIS EXEMPTION APPLY TO:
- Kindergarten or nursery school teachers;
- Teachers at trade schools;
- Flight instructors;
- Vocal or instrument music teachers;
- High school teachers;
WHO DOES THIS EXEMPTION NOT APPLY TO :
- Tutors;
- Teaching assistants;
- Instructional Aides;
- Student Teachers;
- Day Care Providers;
- Vocational Instructors;
What is The Labor Commissioner’s Opinion
Description
DLSE Opinion. Letter No.
Exemption: Teachers
1997.03.05
2003.01.17
