Current through November, 2024
Section 12-21-6 - Individuals employed in bona fide executive, administrative, professional, or outside salesman capacity(a) An individual employed in a bona fide executive capacity is an employee whose: (1) Compensation is $1,500 or more per month (exclusive of board, lodging, or other facilities); and(2) Primary duty consists of the management of the enterprise or recognized department thereof, which includes the customary and regular direction of the work of two or more employees.(b) An individual employed in a bona fide administrative capacity is an employee whose: (1) Compensation is $1,500 or more per month (exclusive of board, lodging, or other facilities); and(2) Primary duty consists of the performance of office or non-manual field work directly related to management policies or general business operations of the employer or the employer's customers, which includes work requiring the exercise of judgment or discretion.(c) An individual employed in a bona fide professional capacity is an employee whose: (1) Compensation is $1,500 or more per month (exclusive of board, lodging, or other facilities); and(2) Primary duty consists of the performance of work requiring knowledge of an advanced type in a field of science or learning or requiring invention, imagination, or talent in a recognized field of artistic endeavor.(d) An individual employed in an outside salesman capacity is an employee: (1) Whose compensation is $1,500 or more per month (exclusive of board, lodging, or other facilities);(2) Who is employed for the purpose of making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer;(3) Who is customarily and regularly engaged away from the employer's place or places of business; and(4) Whose hours of work of a nature other than that described above do not exceed forty per cent of the hours worked in the workweek by other employees of the employer.[Eff. 7/30/81; am 9/27/84] (Auth: HRS § 388-13) (Imp: HRS § 388-11)