Bill Text: CA AB2230 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 2230 (Prior Session Legislation)

Bill Title: Overtime compensation: private elementary or secondary academic institutions: teachers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-12 - Chaptered by Secretary of State - Chapter 314, Statutes of 2016. [AB2230 Detail]

Download: California-2015-AB2230-Chaptered.html

BILL NUMBER: AB 2230	CHAPTERED
	BILL TEXT

	CHAPTER  314
	FILED WITH SECRETARY OF STATE  SEPTEMBER 12, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 12, 2016
	PASSED THE SENATE  AUGUST 15, 2016
	PASSED THE ASSEMBLY  AUGUST 24, 2016
	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN ASSEMBLY  MAY 9, 2016

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2230, Chu. Overtime compensation: private elementary or
secondary academic institutions: 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 also provides
that hours worked in excess of 12 hours in one day as well as hours
worked in excess of 8 hours on any 7th day of work are to be
compensated at the rate of no less than twice the regular rate of pay
of an employee. Existing law exempts from these provisions an
individual employed as a teacher at a private elementary or secondary
academic institution if specified requirements are met, including,
among others, that the employee earns a monthly salary equivalent to
no less than 2 times the state minimum wage for full-time employment.

   This bill would suspend that earnings standard until July 1, 2017.
On and after that date, the bill would prescribe a revised earnings
standard for exemption from the overtime provisions described above
that would require the employee to earn no less than the lowest
salary offered by any school district or the equivalent of no less
than 70% of the lowest schedule salary offered by the school district
or county in which the private elementary or secondary institution
is located, as specified.


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) On and after July 1, 2017, the employee earns the greater of
the following:
   (A) No less than 100 percent of the lowest salary offered by any
school district to a person who is in a position that requires the
person to have a valid California teaching credential and is not
employed in that position pursuant to an emergency permit, intern
permit, or waiver.
   (B) The equivalent of no less than 70 percent of the lowest
schedule salary offered by the school district or county in which the
private elementary or secondary academic institution is located to a
person who is in a position that requires the person to have a valid
California teaching credential and is not employed in that position
pursuant to an emergency permit, intern permit, or waiver.
   (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.