Bill Text: CA AB2120 | 2013-2014 | Regular Session | Introduced
Bill Title: Compensation: child care instructor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-06 - Referred to Com. on L. & E. [AB2120 Detail]
Download: California-2013-AB2120-Introduced.html
BILL NUMBER: AB 2120 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 20, 2014
An act to amend Section 515.8 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
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 1. Section 515.8 of the Labor Code is amended 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 Section
510 does not apply to any a
tutor, teaching assistant, instructional aide, student teacher, day
care provider, vocational instructor, or other similar employee
at a private elementary or secondary academic institution
in which pupils are enrolled in kindergarten or any of grades 1 to
12, inclusive .
(d) The exemption established in subdivision (a)
subdivisions (a) and (c) 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.
