Section 515.8 Of Chapter 1. General From California Labor Code >> Division 2. >> Part 2. >> Chapter 1.
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 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.