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Hello and thanks for your reply - I am familiar with the language in
190.7 and the definition of a Professional under NYS law that I've pasted below (the bold section makes this proceeding rhetorical but I must submit my papers to convince the judge) but was hoping you could help me find supporting case law or give me other input to include in my MOL. Is that not possible? Thanks again
To qualify as a bona fide professional employee, all of the following tests must be met:
The employee’s primary duty consists of the performance of work that:
• _Requires 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
o A general academic education
o An apprenticeship
o Training in the performance of routine mental, manual, or physical processes
• _Is original and creative in a recognized field of artistic endeavor, and produces a result that depends primarily on the invention, imagination, or talent of the employee
The employee’s work:
• _Requires the consistent exercise of discretion and judgment in its performance
• _Is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical or physical work)
• _Is of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time
Thanks for your reply - yes I am seeking t prove that the claimants are professionals under NYS law but I think I should pass on you offer of research as I understand that I am probably looking for something too specific...
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