CA Lab Code Section 515.8


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.


For purposes of this section, “employed as a teacher” means that the employee meets all of the following requirements:


The employee is primarily engaged in the duty of imparting knowledge to pupils by teaching, instructing, or lecturing.


The employee customarily and regularly exercises discretion and independent judgment in performing the duties of a teacher.


The employee earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment.


The employee has attained at least one of the following levels of professional advancement:


A baccalaureate or higher degree from an accredited institution of higher education.


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.


This section does not apply to any tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee.


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.
Last Updated

Aug. 19, 2023

§ 515.8’s source at ca​.gov