Haw. Code R. § 12-20-5 - Bona fide professional capacity
The term "individual employed...in a bona fide...professional capacity" means any individual:
(1)
Who is compensated on a fixed salary or fixed fee of not less than $210 per
week (exclusive of the reasonable cost to the employer of board, lodging, or
other facilities); provided that the salary requirement shall not apply in the
case of an individual:
(A) Who is the holder
of a valid license or certificate permitting the practice of law or medicine or
any of their branches and who is actually engaged in the practice thereof;
or
(B) Who is the holder of the
requisite academic degree for the general practice of medicine and is engaged
in an internship or residency program pursuant to the practice of medicine or
any of its branches; or
(C) Who is
employed and engaged as a teacher as provided in paragraph (2)(C);
(2) Whose primary duty consists of
the performance of:
(A) Work requiring
knowledge of an advanced type in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual instruction and
study, as distinguished from a general academic education and from an
apprenticeship, and from training in the performance of routine mental, manual,
or physical processes; or
(B) Work
that is original and creative in character in a recognized field of artistic
endeavor (as opposed to work which can be produced by a person endowed with
general manual or intellectual ability and training), and the result of which
depends primarily on the invention, imagination, or talent of the individual;
or
(C) Teaching, tutoring,
instructing, or lecturing and who is employed and engaged in this activity as a
teacher certified or recognized in the school system or educational
establishment or institution by which the person is employed;
(3) Whose work requires the
consistent exercise of discretion and judgment in its performance;
and
(4) Whose work is predominantly
intellectual and varied in character (as opposed to routine mental, manual,
mechanical, or physical work) and is of such character that the output produced
or the result accomplished cannot be standardized in relation to a given period
of time.
Notes
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