New Amendment To Private School Teacher Exemption Law

I have previously blogged about the California Private School Teachers Exemption, which exempts certain private school teachers from overtime, from keeping track of their time, and from mandatory meal and break periods.  See Cal. Labor Code section 515.8.

Recently, that law was amended again, to allow part-time teachers to be exempt more easily.  Specifically, the amendment reduces the minimum monthly salary that must be paid to a part-time private school teacher to qualify for the exemption to 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.  Before the amendment, the same minimum salary was required for any teacher (full or part time) whom the school wanted to classify as exempt, making it very difficult to classify part-time teachers as exempt.

The new amendment also provides that a private school may use public 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 this law.   — Adam K. Treiger