California School Of Culinary Arts V. Lujan

Appellants Arthur Lujan, as Labor Commissioner of the State of California, and the Division of Labor Standards Enforcement of the California Department of Industrial Relations appeal a summary judgment in favor of respondent California School of Culinary Arts declaring respondent is exempt from paying its instructor employees one and one-half times the regular rate of pay for hours worked in excess of eight hours in any one day. *fn1 The issue before us is whether CSCA may avoid paying overtime on the ground that its instructors are within the "profession of teaching," a category of employees exempted from overtime pay by Industrial Welfare Commission wage order 4-2001. We conclude CSCA's teachers are exempt from the overtime requirement and therefore affirm the judgment.