Is my employer following California’s labor laws?

I work at a private school in Los Angeles as an elementary teacher. I’m not sure if my employee is following the law when it comes to payment. I work 8.25 hours per day and sometimes on Sundays. I get paid $36,000 per school year 10 months. Am I exempt? Should I be receiving overtime? Also, we are only paid once a month. We started work on August 28th and will not get paid until October 5th. Often our pay is a day or to late. I’m wondering if this is legal. We get no benefits such as health insurance as well.

Asked on September 7, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Teachers are exempt from overtime under the Fair Labor Standards Act and regulations interpreting it. That means that you do not earn overtime no matter how many hours your work and therefore, your $36k salary may legally be the only compensation you get--especially since there is no legal requirement to provide employees benefits, including heath insurance.
In your state, wage must be paid twice a month (e.g. on the 15th and 30th), and so your employer appears to be violating the law that way. You could contact your state's department of labor to file a complaint.

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