In Su v. Stephen S. Wise Temple, the Court held that teachers at a religious school were entitled to protections under the Labor Code. Plaintiffs were a group of preschool teachers employed by defendant, a religious school. The teachers alleged that the school violated various provisions of the Labor Code by failing to provide its preschool teachers with rest breaks, uninterrupted meal breaks, and overtime pay.  The trial court granted summary judgment in favor of the defendant, concluding the Commissioner’s claims were barred by the “ministerial exception” —a constitutional doctrine that provides a complete defense to certain employment claims brought against religious institutions by or on behalf of persons classified as ministerial employees. The Court of Appeal disagreed. It noted that although the Temple’s preschool curriculum has both secular and religious content, its teachers were not required to have any formal Jewish education, to be knowledgeable about Jewish belief and practice, or to adhere to the Temple’s theology. Further, the Temple did not refer to its teachers as “ministers” or the equivalent, nor did the teachers refer to themselves as such. Accordingly, it held that the teachers are not “ministers” for purposes of the ministerial exception.

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