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 the greater of 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 office of education in which the private elementary or secondary institution is located, as specified.

This bill would specify that the existing standards apply to full-time employees and would prescribe a revised earnings standard for exemption from overtime provisions for part-time employees that would require a part-time employee earn the proportional amount of a full-time salary that is equal to the proportion of the full-time instructional schedule for which the part-time employee is employed. The bill would provide that a private school may use school salary schedules in effect for up to 12 months prior to the start of the school year, for use in budgeting for salaries under these provisions.