HAR §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 -11- §12-20-8 (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. [Eff. Oct. 2, 1981; am Aug. 8, 1988] (Auth: HRS §387-11) (Imp: HRS §387-1)