Compensation: child care instructor.

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 1½ times the regular rate of pay for an employee. Existing law authorizes the Industrial Welfare Commission to establish exemptions from the requirement that an overtime rate of compensation be paid for executive, administrative, and professional employees primarily, as defined, engaged in exempt duties and if certain conditions are met. Existing law provides that the overtime compensation requirements described above do not apply to an individual employed as a teacher, as defined, at a private elementary or secondary school but do apply to a tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee. This bill would instead provide that the overtime compensation requirements do not apply to a tutor, teaching assistant, instructional aide, student teacher, day care provider, vocational instructor, or other similar employee at a private elementary or secondary school.