WAC 296-128-530
Professional.
The term "individual
employed in a bona fide . . . professional capacity" in RCW 49.46.010 (5)(c) shall mean any employee:
(1) Whose primary duty consists of the performance of work:
(a) 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
(b) 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
intention, imagination, or talent of the employee; or
(c) Teaching, tutoring, instructing, or lecturing in the
activity of imparting knowledge and who is employed and engaged
in this activity as a teacher in the school system or educational
establishment or institution by which he is employed; and
(2) Whose work requires the consistent exercise of
discretion and judgment in its performance; and
(3) Whose work is predominantly intellectual and varied in
character (as opposed to routine mental, manual, mechanical or
physical work) and is of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and
(4) Who does not devote more than 20 percent of his hours
worked in the work week to activities which are not an essential
part of and necessarily incident to the work described in
paragraphs (1) through (3) of this section; and
(5) Who is compensated for his services on a salary or fee
basis at a rate of not less than $170 per week exclusive of
board, lodging, or facilities: Provided, That this paragraph (5)
shall not apply in the case of an employee who is the holder of a
valid license or certificate permitting the practice of law,
medicine, or dentistry and who is actually engaged in the
practice thereof: Provided, That an employee who is compensated
on a salary or fee basis at a rate of not less than $250 per week
(exclusive of board, lodging, or other facilities), and whose
primary duty consists of the performance of work either requiring
knowledge of an advanced type in a field of science or learning,
which includes work requiring the consistent exercise of
discretion and judgment, or requiring invention, imagination, or
talent in a recognized field of artistic endeavor, shall be
deemed to meet all of the requirements of this section.
[Order 76-5, § 296-128-530, filed 2/24/76.]