What is AB 2613?

AB 2613 is a bill designed to make clear California labor law relating to the exemption of private school teachers from overtime compensation regulations. AB 2613 was signed into law by Governor Schwarzenegger on August 28, 2006, and will take effect as of January 1, 2007.

Prior to the passage of AB 2613, at least some individuals had argued that it was unclear whether the state's existing labor laws exempted private school teachers from overtime compensation regulations. AB 2613 was designed to remove any arguable ambiguity from the pre-existing law.

To be exempt from overtime compensation regulations under the provisions established by AB 2613, an employee must meet all of the following conditions:

1. The employee must be employed as a teacher in a private elementary or secondary academic institution in which pupils are enrolled in kindergarten, or any of grades 1 through 12.

2. The employee must be primarily engaged in the duty of imparting knowledge to pupils by teaching, instructing, or lecturing. "Primarily engaged" means that the individual must devote more than 50% of his/her hours of employment to teaching.

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

4. The employee must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. This requirement was in effect prior to the passage of AB 2613.

5. In addition to meeting all of the above requirements, the employee must have attained at least one of the following levels of professional advancement:
   1. A baccalaureate or higher degree from an accredited institution of higher education;

   2. Current compliance with the requirements established by the California Commission on Teacher Credentialing for obtaining a preliminary or alternative teaching credential; or

   3. Current compliance with the requirements established by the certification authority in a state other than California for issuance of a teaching credential.

AB 2613 expressly excludes certain categories of employees from eligibility for exempt status under its provisions. These include: tutors, teaching assistants, instructional aides, student teachers, day care providers, vocational instructors or any similar employee. To meet the requirement for exempt status under AB 2613, an employee must satisfy all of the conditions appearing in items 3A through 3E, above. There is nothing in the law that precludes more than one exempt teacher in any single instructional setting or that precludes the use of a lead or mentor teacher/teacher team in a single instructional setting.

Yes—as long as the employee meets the other requirements of AB 2613 outlined in question #3, above, and also meets the current requirements for the granting of the credential from the state in which the credential was issued.

No—as long as the teacher has fulfilled requirements 3A through 3D, above.