Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 20 - WAGE AND HOUR
Subchapter 1 - THE ADMINISTRATION AND ENFORCEMENT OF THE WAGE AND HOUR LAW
Section 12-20-2 - Bona fide executive capacity
Current through February, 2024
The term "individual employed...in a bona fide executive...capacity" means any individual:
(1) Who is compensated on a fixed salary of not less than $210 per week ( exclusive of the reasonable cost to the employer of board, lodging, or other facilities);
(2) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof;
(3) Who customarily and regularly directs the work of two or more employees;
(4) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring and firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and
(5) Who customarily and regularly exercises discretionary powers.
