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8 &CAR § 1.4015 Department of Labor and Industry <br />PROFESSIONAL Test 11. <br />A. receives at least S170 per week in salary or fee; <br />B. either <br />1. performs work requiring advanced knowledge in a field of learning <br />customarily acquired by prolonged specialized intellectual study (not a gen- <br />eral academic education, an apprenticeship, or training in routine mental or <br />physical processes), or <br />2. performs original work dependent on his own creativeness in a recog- <br />nized field of artistic endeavor, or . <br />3. is a certified teacher working as such or recognized as such in the <br />school system where he works; <br />C. consistently exercises judgment and discretion; <br />D. performs predominantly intellectual work so varied that the output <br />cannot be standardized by time necessary for accomplishment; <br />E. devotes less than 20% of his hours worked to activities not essential to <br />his professional work. <br />§ 1.4016 Outside salesperson. Salesperson is defined as one who makes sales <br />of, or obtains orders or contracts for, materials, services, or the use of facili- <br />ties for which payment will be made. Incidental deliveries, collections, and <br />other non -sales or non - solicitation work that is directly related to the pri- <br />mary sales duties shall be considered the work of a salesperson. An outside <br />salesperson is hired for the express purpose of performing such duties away <br />from the employer's place(s) of business and conducts no more than 20% of <br />sales on those premises. The hours of non - outside sales work may not exceed <br />20% of the hours worked by employees who are not outside salespersons. <br />§ 1.4017 Gratuitous service. Gratuitous service is voluntarily donated work <br />performed by a person who receives for it no monetary compensation or <br />other valuable consideration. The individual may be reimbursed for out -of- <br />pocket expenses needed to perform the services, but only if these expenses <br />are itemized. The acceptance of an expense allowance (that is, a gross sum <br />provided him with no itemized list of expenses) makes the individual non- <br />exempt. (See ch. 177.23, subd. 7(5).) <br />"Non- profit organization" is defined as a corporation, community chest, <br />fund, or foundation, organized and operate. exclusively for religious, chari- <br />table, scientific, literary, or educational purposes, or for the prevention of <br />cruelty to children or animals, no part of the net earning of which inures to <br />the benefit of any private shareholder or individual, and no substantial part <br />of the activities of which is carrying on propaganda, or otherwise attempting <br />to influence legislation. (See ch. 177.23, subd. 7(5).) <br />10 <br />D <br />