Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW
Section 12-21-6 - Individuals employed in bona fide executive, administrative, professional, or outside salesman capacity
Universal Citation: HI Admin Rules 12-21-6
Current through August, 2024
(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.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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