Haw. Rev. Stat. § 383-170 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-170
Eligibility requirements for extended benefits.
Status: in_force

(a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the department finds that with respect to such week:

(1) The individual is an "exhaustee" as defined in section 383-168;

(2) The individual has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits;

(3) (A) Notwithstanding paragraph (2), an individual shall be ineligible for payment of extended benefits for any week of unemployment in the individual's eligibility period if the department finds that during such period:

(i) The individual failed to accept any offer of suitable work or failed to apply for any suitable work (as defined under subparagraph (C)) which was referred by the department; or

(ii) The individual failed to actively engage in seeking work as prescribed under subparagraph (E);

(B) Any individual who has been found ineligible for extended benefits by reason of subparagraph (A) shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until the individual has been employed in each of four subsequent weeks (whether or not consecutive) and has earned remuneration equal to not less than four times the extended weekly benefit amount;

(C) For purposes of this paragraph, the term "suitable work" means, with respect to any individual, any work which is within such individual's capabilities; provided that:

(i) The gross average weekly remuneration payable for the work shall exceed the sum of the individual's extended weekly benefit amount plus the amount, if any, of supplemental unemployment benefits (as defined in section 501(c)(17)(D) of the federal Internal Revenue Code of 1986, as amended) payable to such individual for such week;

(ii) The work pays wages equal to the higher of the minimum wages provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption, or the state or local minimum wage; and

(iii) No individual shall be denied extended benefits for failure to accept an offer of or referral to any job which meets the definition of suitability described above if the position was not offered to such individual in writing and was not listed with the employment service; such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 383-30(3) to the extent that the criteria of suitability in that section are not inconsistent with this subparagraph; or the individual furnishes satisfactory evidence to the department that the individual's prospects of obtaining work in the individual's customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work in section 383-30(3) without regard to the definition specified in this subparagraph;

(D) Notwithstanding this paragraph to the contrary, no work shall be deemed to be suitable work for an individual which does not conform with the labor standard provisions required by section 3304(a)(5) of the federal Internal Revenue Code of 1986, as amended, and set forth under section 383-30(3);

(E) For the purposes of subparagraph (A)(ii), an individual shall be treated as actively engaged in seeking work during any week if:

(i) The individual has engaged in a systematic and sustained effort to obtain work during such week;

(ii) The individual furnishes tangible evidence that the individual has engaged in such effort during such week; and

(F) The employment service shall refer any claimant entitled to extended benefits under this chapter to any suitable work which meets the criteria prescribed in subparagraph (C);

(4) Notwithstanding paragraph (2), the individual has with respect to a disqualification under section 383-30(2) for suspension for misconduct connected with the individual's work, imposed during the individual's benefit year or an extended benefit period, been employed in each of four weeks (whether or not consecutive) subsequent to such disqualification and has earned remuneration equal to not less than four times the individual extended weekly benefit amount;

(5) Notwithstanding paragraph (2), an individual shall not be eligible for extended benefits for any week, unless, in the base period with respect to which the individual exhausted all rights to regular benefits under this chapter, the individual had:

(A) A total of at least twenty weeks of employment as defined in section 383-1;

(B) Wages for insured work in an amount equal to not less than one and one-half times the high quarter wages; or

(C) Wages for insured work in an amount equal to not less than forty times the individual's most recent weekly benefit amount as determined under section 383-22(b); and

(6) In accordance with the provisions of section 202(b)(1) of the Unemployment Compensation Amendments of 1992 (P.L. 102-318), which amends the Federal-State Extended Unemployment Compensation Act of 1970 (P.L. 91-373), paragraphs (3) and (4) shall not apply for weeks of unemployment beginning after March 6, 1993, and before January1, 1995.

(b) No provision in this section shall apply if its application is prohibited by federal law. [L 1971, c 187, pt of §13; am L 1981, c 173, §1; am L 1982, c 58, §2, superseding c 147, §§19, 27; gen ch 1985; am L 1986, c 162, §6; am L 1993, c 275, §2]
Haw. Rev. Stat. § 378-33 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-33
Complaint against unlawful suspension, discharge, or discrimination.
Status: in_force

(a) Any employee aggrieved by an alleged unlawful suspension, discharge, or discrimination may file with the department of labor and industrial relations a complaint in writing, stating the name and address of the employer alleged to have committed the unlawful suspension, discharge, or discrimination, and shall set forth the particulars thereof and other information as may be required by the department.

(b) No complaint shall be filed after the expiration of thirty days after the alleged act of unlawful suspension, discharge, or discrimination, or after the employee learns of the suspension or discharge, except that a complaint for an alleged act of unlawful discharge under section [378-32(a)(2)] occurring while the aggrieved employee is still physically or mentally incapacitated and unable to work also may be filed before the expiration of thirty days after the date the aggrieved employee is able to return to work. [L 1967, c 22, pt of §1; HRS §378-33; am L 1974, c 150, §1; am L 1981, c 10, §2; am L 1984, c 196, §1]
Haw. Rev. Stat. § 386-207 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-207
Deficits and insolvencies.
Status: in_force

(a) If the assets of a group are at any time insufficient to enable the group to discharge its legal liabilities and other obligations and to maintain the reserves required of it under this chapter, the group shall forthwith make up the deficiency or levy an assessment upon its members for the amount needed to make up the deficiency.

(b) In the event of a deficiency in any fund year, the deficiency shall be made up immediately, either from:

(1) Surplus from a fund year other than the current fund year;

(2) Administrative funds;

(3) Assessment of the membership, if ordered by the group; or

(4) An alternate method as the insurance commissioner may approve or direct.

The insurance commissioner shall be notified prior to any transfer of surplus funds from one fund year to another.

(c) If the group fails to assess its members or to otherwise make up the deficit within thirty days, the insurance commissioner shall order it to do so.

(d) If the group fails to make the required assessment of its members within thirty days after the insurance commissioner orders it to do so or if the deficiency is not fully made up within sixty days after the date on which the assessment is made or within a longer period of time as may be specified by the insurance commissioner, the group shall be deemed to be insolvent.

(e) The insurance commissioner shall proceed against an insolvent group in the same manner as the insurance commissioner would proceed against an insolvent domestic insurer in this State as prescribed in chapter 431, article 15. The insurance commissioner shall have the same powers and limitations in the proceedings as are provided under those laws, except as otherwise provided in this chapter.

(f) In the event of the liquidation of a group, the insurance commissioner shall levy an assessment upon its members for an amount as the insurance commissioner determines to be necessary to discharge all liabilities of the group, including the reasonable cost of liquidation. [L 1986, c 304, pt of §1; am L 1990, c 34, §24]
Haw. Rev. Stat. § 386-81 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-81
Notice of injury; waiver.
Status: in_force

No proceedings for compensation under this chapter shall be maintained unless written notice of the injury has been given to the employer as soon as practicable after the happening thereof. The notice may be given by the injured employee or by some other person on the employee's behalf. Failure to give such notice shall not bar a claim under this chapter if[:]

(1) The employer or the employer's agent in charge of the work in the place where the injury was sustained had knowledge of the injury;

(2) Medical, surgical, or hospital service and supplies have been furnished to the injured employee by the employer; or

(3) For some satisfactory reason the notice could not be given and the employer has not been prejudiced by such failure.

Unless the employer is prejudiced thereby notice of injury shall be deemed to have been waived by the employer if objection to the failure to give such notice is not raised at the first hearing on a claim in respect of such injury of which the employer is given reasonable notice and opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-90; HRS §386-81; gen ch 1985]

Revision Note

In the first paragraph, (1) to (3) reformatted as paragraphs (1) to (3) and in paragraph (1), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 380-8 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-8
Complainant; compliance with legal obligation; effort to settle.
Status: in_force

No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration.
Haw. Rev. Stat. § 383-23.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-23.5
Retirement payments.
Status: in_force

(a) For any week with respect to which an individual is receiving a pension (which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment) under a plan maintained or contributed to by a base period or chargeable employer (as determined under applicable law), the weekly benefit amount payable to the individual for the week shall be reduced (but not below zero):

(1) By one-half the prorated weekly amount of the pension if at least half but less than one hundred per cent of the contributions to the plan were provided by the individual;

(2) By the entire prorated weekly amount of the pension if paragraph (1) or paragraph (3) does not apply; or

(3) By no part of the pension if the entire contributions to the plan were provided by the individual, or by the individual and an employer (or any other person or organization) who is not a base period or chargeable employer as determined under applicable law.

(b) No reduction shall be made under this section by reason of the receipt of a pension if the services performed by the individual during the base period (or remuneration received for the services) for the employer did not affect the individual's eligibility for, or increase the amount of, the individual's pension, retirement or retired pay, annuity, or similar payment.

(c) Subsections (a) and (b) shall only apply to new claims filed with an effective date prior to July 1, 2005.

(d) With respect to new claims filed with an effective date beginning on or after July 1, 2005:

(1) For any week with respect to which an individual is receiving a pension under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to the individual for the week shall be reduced (but not below zero) by an amount equal to the amount of the pension which is reasonably attributable to that week. For this paragraph to apply, the services performed for the employer by the individual in the base period (or remuneration for the services) must affect eligibility for, or increase the amount of the pension; and

(2) Paragraph (1) shall not apply to any pension if the individual has made any contribution to the plan maintained by the base period or chargeable employer.

(e) Notwithstanding any provision under this section, the amount of any pension, retirement or retired pay, annuity, or other similar periodic payment under the Social Security Act or the Railroad Act of 1974 shall not result in a reduction of the weekly benefit amount payable to an individual under this section. [L 1980, c 117, §1; am L 1981, c 196, §1; am L 2005, c 106, §1]
Haw. Rev. Stat. § 386-21.7 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-21.7
Prescription drugs; pharmaceuticals.
Status: in_force

(a) Notwithstanding any other provision to the contrary, immediately after a work injury is sustained by an employee and so long as reasonably needed, the employer shall furnish to the employee all prescription drugs as the nature of the injury requires; provided that initial concurrent prescriptions for opioids and benzodiazepines shall meet the requirements of section 386-29. The liability for the prescription drugs shall be subject to the deductible under section 386-100.

(b) Payment for all forms of prescription drugs including repackaged and relabeled drugs shall be one hundred forty per cent of the average wholesale price set by the original manufacturer of the dispensed prescription drug as identified by its National Drug Code and as published in the Red Book: Pharmacy's Fundamental Reference as of the date of dispensing, except where the employer or carrier, or any entity acting on behalf of the employer or carrier, directly contracts with the provider or the provider's assignee for a lower amount.

(c) Payment for compounded prescription drugs shall be the sum of one hundred forty per cent of the average wholesale price by gram weight of each underlying prescription drug contained in the compounded prescription drug. For compounded prescription drugs, the average wholesale price shall be that set by the original manufacturer of the underlying prescription drug as identified by its National Drug Code and as published in the Red Book: Pharmacy's Fundamental Reference as of the date of compounding, except where the employer or carrier, or any entity acting on behalf of the employer or carrier, directly contracts with the provider or provider's assignee for a lower amount.

(d) All pharmaceutical claims submitted for repackaged, relabeled, or compounded prescription drugs shall include the National Drug Code of the original manufacturer. If the original manufacturer of the underlying drug product used in repackaged, relabeled, or compounded prescription drugs is not provided or is unknown, then reimbursement shall be one hundred forty per cent of the average wholesale price for the original manufacturer's National Drug Code number as listed in the Red Book: Pharmacy's Fundamental Reference of the prescription drug that is most closely related to the underlying drug product.

(e) Notwithstanding any other provision in this section to the contrary, equivalent generic drug products shall be substituted for brand name pharmaceuticals unless the prescribing physician certifies that no substitution shall be prescribed because the injured employee's condition does not tolerate an equivalent generic drug product.

(f) For purposes of this section, "equivalent generic drug product" has the same meaning as provided in section 328-91. [L 2014, c 231, §2; am L 2018, c 155, §3]
Haw. Rev. Stat. § 385-2 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-2
Definitions, generally.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Additional unemployment benefits" means the unemployment compensation benefits payable under this chapter.

"Benefit year" refers to "benefit year" as that term is defined in section 383-1.

"Claimant" means an individual:

(1) Who has an unexpired benefit year and has exhausted normal benefits;

(2) Whose benefit year expired, or whose normal benefits were exhausted, within a period of twenty-six consecutive weeks immediately preceding the week in which the proclamation provided for in section 385-1 became effective;

(3) Who was employed during the week in which the governor's proclamation pursuant to section 385-1 became effective, but who became unemployed and whose total earned wages are insufficient for normal benefits; or

(4) Whose unemployment was proximately caused by the disaster identified by the governor in the proclamation provided for in section 385-1 and was self-employed during the week in which the disaster occurred.

"Director" means the director of labor and industrial relations of the State.

"Fund" means the additional unemployment compensation fund established by this chapter.

"Normal benefits" means the unemployment compensation benefits payable pursuant to chapter 383.

"Owner-employee" means a person who has performed services for an employing unit as defined in section 383-1, and who is or has been a shareholder owning twenty-five per cent or more of the corporation's common stock, and director or officer, or both, of a corporation which is or was the employing unit or who exercises a substantial degree of control over the direction of corporate activities.

"Unemployment". An individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are receivable by the individual, or in any week of less than full-time work if the wages receivable by the individual with respect to such week are less than the individual's weekly benefit amount payable under this chapter.

"Wages" means all remuneration for services from whatever source, including commissions and bonuses, remuneration from self-employment, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the director. For the purposes of this chapter, "wages" does not include the amount of payment or remuneration set forth in section 383-11.

"Week" means any period of seven consecutive days as the director may by rule prescribe. [L 1961, c 157, pt of §1; Supp, §93B-3; HRS §385-2; am L 1982, c 20, §5; gen ch 1985; am L 1986, c 162, §7 and c 288, §2]

Revision Note

Pursuant to §23G-15, in:

(1) The definition of "benefit year", "383-1" substituted for "383-1(3)"; and

(2) Paragraphs (1) and (2) of the definition of "claimant", "or" deleted.
Haw. Rev. Stat. § 379-3 — HI Code / Division 1 / Title 21 / Chapter 379 / Section 379-3
Advertising.
Status: in_force

(a) If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television, or by means of any employment agency to work for that person or the person for whom that person is acting at any shop, plant, or establishment, while a labor dispute is still in active progress at the shop, plant, or establishment, that person shall plainly and explicitly mention in the advertisement or solicitation that a labor dispute exists.

(b) The person soliciting or advertising for employees in the manner set forth in this section shall use in the advertisement or solicitation that person's own name, and, if that person is representing another, the name of the person that person is representing and at whose direction and under whose authority the solicitation or advertisement is made. The appearance of this name in connection with the advertisement or solicitation shall be deemed prima facie evidence as to the person responsible for the advertisement or solicitation. [L 1967, c 18, pt of §2; HRS §379-3; am L 2016, c 55, §6]
Haw. Rev. Stat. § 392-50 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-50
Cancellation of insurance contracts.
Status: in_force

No policy or contract of insurance issued by a stock company or mutual association against liability arising under this chapter shall be canceled within the time limited in the contract for its expiration until at least ten days after notice of intention to cancel such contract, on a date specified in the notice, has been filed with and served on the director of labor and industrial relations and the employer.
Haw. Rev. Stat. § 386-209 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-209
Monetary penalties.
Status: in_force

After notice and opportunity for a hearing, the insurance commissioner may impose a monetary penalty on any person or group found to be in violation of any provision of this chapter or any rule adopted thereunder. The monetary penalty shall not exceed $1,000 for each act or violation and shall not exceed $10,000 in the aggregate. The amount of any monetary penalty shall be paid to the insurance commissioner and transmitted to the director of finance for deposit into the general fund.
Haw. Rev. Stat. § 392-26 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-26
Care by physician, advanced practice registered nurse, or equivalent required.
Status: in_force

(a) An individual shall be ineligible to receive temporary disability benefits with respect to any period during which the individual is not under the care of a person duly licensed to practice medicine, surgery, dentistry, chiropractic, osteopathy, or naturopathic medicine, a physician assistant, or an advanced practice registered nurse, who shall certify, in the form and manner specified by rule of the director, the disability of the claimant, the probable duration of the disability, and such other medical facts within the person's knowledge as required by rule.

(b) This section shall not apply to an individual who, pursuant to the teachings, faith, or belief of any group, depends for healing upon prayer or other spiritual means. In that case the disability, the probable duration thereof, and any other pertinent facts required to be certified by regulation of the director shall be certified, in the form and manner specified by the regulation, by a duly authorized or accredited practitioner of such group.

(c) The proof of disability duly certified by a person licensed to practice medicine, surgery, dentistry, chiropractic, osteopathy, or naturopathic medicine, a physician assistant, or an advanced practice registered nurse, or an authorized or accredited practitioner of any group that depends for healing upon prayer or other spiritual means shall be submitted by the certifying person to the disabled employee within seven working days after the date on which the employee was examined and found disabled. If the certifying person fails to submit the required proof within seven working days, the director, upon notification by the insurer, may levy a penalty of $25 for each delinquent certification where the certifying person fails to show good cause for the person's failure to file on time. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(b); am L 1973, c 172, §1; am L 1974, c 154, §1; am L 1979, c 105, §41; gen ch 1985; L Sp 2009, c 22, §11(2); am L 2018, c 162, §1; am L 2022, c 293, §9]
Haw. Rev. Stat. § 385-6 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-6
Requirements for eligibility.
Status: in_force

An unemployed claimant is eligible to receive additional unemployment benefits with respect to any week only if the director of labor and industrial relations finds that:

(1) The claimant has made a claim for additional unemployment benefits with respect to that week in accordance with the rules as the director may prescribe with respect to claims for normal benefits;

(2) The claimant meets the eligibility requirements of section 383-29(a)(2) and (3);

(3) The claimant is not subject to disqualification and is not under disqualification for normal benefits under section 383-30;

(4) The claimant is not entitled to receive unemployment compensation benefits under any state or federal unemployment compensation laws for the week in which the claimant claims for additional unemployment benefits;

(5) The claimant is not entitled to receive disaster benefits under any state or federal law for the week in which the claimant claims additional unemployment benefits. [L 1961, c 157, pt of §1; Supp, §93B-7; HRS §385-6; am L 1972, c 47, §3; am L 1982, c 20, §6; gen ch 1985; am L 2015, c 35, §15]
Haw. Rev. Stat. § 396-9 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-9
Explosives.
Status: in_force

(a) No person shall use, store, or deal in explosives unless the person has first obtained a certificate of fitness. A certificate of fitness shall only be issued to an individual and shall set forth the individual's competency and provide for the individual's positive identification. Certificates of fitness may be limited as to types or kinds of explosives or to the use of explosives for specific purposes.

(b) No dealer shall sell or deliver explosives to any person who does not hold a certificate of fitness.

(c) It shall be unlawful for any person to use or possess any explosives unless the person has a certificate of fitness or is using the explosives under the immediate supervision and direction of a holder of the certificate.

Any person who violates this section shall be subject to arrest and upon conviction, shall be fined not more than $1,000 or imprisoned not more than one year, or both, provided that an employer or an employee acting within the scope of employment shall not be deemed to be in violation of this section.

(d) Any certificate of fitness issued under this section may be revoked or suspended by the director on any ground specified in the rules adopted under this chapter, or for any violation of this section.

(e) Any certificate issued under this section, during any time of national emergency or crisis, may be suspended or canceled by the director. A national emergency or crisis shall be deemed to exist when it has been so determined under section 134-34.

(f) This section shall not apply to the armed forces of the United States, to employees of the United States, or the state or county police or fire departments who are authorized to handle explosives. [L 1972, c 57, pt of §1; am L 1975, c 50, §3; gen ch 1985; am L 1998, c 259, §3]
Haw. Rev. Stat. § 386-42 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-42
Dependents.
Status: in_force

(a) The following persons, and no others, shall be deemed dependents and entitled to income, and indemnity benefits under this chapter:

(1) A child who is:

(A) Unmarried and under eighteen years;

(B) Unmarried and under twenty years if the child is a full-time student at a high school, business school, or technical school, or unmarried and under twenty-two years if the child is a full-time undergraduate student at a college;

(C) Unmarried and incapable of self-support; or

(D) Married and under eighteen years, if actually dependent upon the deceased;

(2) The surviving spouse or reciprocal beneficiary, if either living with the deceased at the time of the injury or actually dependent upon the deceased;

(3) A parent or grandparent, if actually dependent upon the deceased; and

(4) A grandchild, brother, or sister, if under eighteen years or incapable of self-support, and actually and wholly dependent upon the deceased.

(b) A person shall be deemed to be actually dependent upon the deceased, if the deceased contributed all or a substantial portion of the living expenses of that person at the time of the injury.

(c) Alien dependents not residing in the United States at the time of the injury or leaving the United States subsequently shall maintain annual proof of such dependency as required by the director of labor and industrial relations. [L 1963, c 116, pt of §1; Supp, §97-41; am L 1967, c 213, §1 and c 257, §1; HRS §386-42; am L 1971, c 87, §1; am L 1974, c 151, §1; gen ch 1985; am L 1997, c 383, §54; am L 2016, c 55, §13]
Haw. Rev. Stat. § 392-2 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-2
Findings and purpose.
Status: in_force

A large portion of the labor force of this State annually is disabled from pursuing gainful employment by reason of nonoccupational sickness or accident and as a result suffers serious loss of income. In approximately ten per cent of the cases such sickness or accident can be expected to cause disability of more than one week's duration. More than two-fifths of the employees in private employment have either no fixed legal protection against wage loss from disabling nonoccupational sickness or accident, or only protection for a period of one workweek or less; more than one-third of the workers covered by formal sick leave plans are not protected against disability extending beyond two workweeks. Since the hardship for workers and their families mounts with the extension of the duration of the disability from whatever cause, there is a need to fill the existing gaps in protection and to provide benefits to individuals in current employment that will afford to them reasonable compensation for wage loss caused by disabling nonoccupational sickness or accident where the disability is temporary in nature and exceeds the period of one workweek. This legislation is designed not to impede the growth of voluntary plans which afford additional protection.

This chapter shall be liberally construed in the light of the stated reasons for its enactment and its declared purpose. [L 1969, c 148, pt of §1]
Haw. Rev. Stat. § 394-6 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-6
Funds.
Status: in_force

[§394-6 Funds.] The State shall provide funds to cover such actual training costs as instructors' salaries, equipment and supplies.
Haw. Rev. Stat. § 378-4 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-4
Enforcement jurisdiction.
Status: in_force

The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by this part. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission a complaint in accordance with the procedure established under chapter 368.
Haw. Rev. Stat. § 383-125 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-125
Financing employment security administration.
Status: in_force

All moneys received from the federal government or other sources that are required by federal law or regulations to be for the purposes of administering the employment security program shall be expended subject to the findings of the Secretary of Labor as to purpose and amount, and subject to all appropriation, budgeting, and accounting requirements of the State not inconsistent with federal laws and regulations governing such moneys.
Haw. Rev. Stat. § 378-103 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-103
[ §378-103] Exception.
Status: in_force

[ §378-103] Exception. Nothing in this part shall be deemed to:

(1) Repeal or affect any law, ordinance, rule, or regulation having the force and effect of law;

(2) Apply to the United States government;

(3) Conflict with or affect the application of security regulations in employment established by the United States or the State;

(4) Apply if the employee consents to downloading the mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed; or

(5) Prohibit an employer from requiring an employee to carry or use an employer-owned communication device that enables the employee's location to be tracked. [L 2021, c 206, pt of §2]
Haw. Rev. Stat. § 392-7 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-7
Average weekly wage.
Status: in_force

The "average weekly wage" for the purpose of computing the weekly benefit amount shall be based upon the wages that the employee would receive from the employee's employer except for the employee's disability. In the case of salaried employees the "average weekly wage" shall be the weekly salary of the employee in the last week prior to the commencement of disability.
Haw. Rev. Stat. § 386-86 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-86
Proceedings upon claim; hearings.
Status: in_force

(a) If a claim for compensation is made, the director shall make such further investigation as deemed necessary and render a decision within sixty days after the conclusion of the hearing awarding or denying compensation, stating the findings of fact and conclusions of law. The director may extend the due date for decisions for good cause provided all parties agree. The decision shall be filed with the record of the proceedings and a copy of the decision shall be sent immediately to each party.

(b) The hearing shall be informal and shall afford the parties a full and fair opportunity to present the facts and evidence to be considered. Hearings under this section shall not be subject to chapter 91. No stenographic or tape recording shall be allowed.

(c) The order of presentation shall not alter the burden of proof, including the burden of producing evidence and the burden of persuasion. The party or parties who bear these burdens shall be determined by law consistent with the purposes of this section.

(d) Should the injured employee or injured employee's representative, or the employer or employer's representative fail to appear at the hearing, the director may issue a decision based on the information on file. The decision shall be final unless appealed pursuant to section 386-87. In all other circumstances, a decision shall not be rendered by the director without a hearing, which may not be waived by the parties.

(e) For the purpose of obtaining any matter, not privileged, which is relevant to the subject matter involved in the pending action, the director, upon application and for good cause shown, may order the taking of relevant testimony by deposition, upon oral examination, or written interrogatories, or by other means of discovery in the manner and effect prescribed by the Hawaii rules of civil procedure; provided that when the claimant's deposition is taken, the employer shall pay for the cost to the claimant of attending the deposition, any costs associated with having the deposition transcribed and copied, and any and all reasonable attorney's fees and costs incurred by the claimant with respect to the deposition.

(f) Subpoenas requiring the attendance of witnesses at a hearing before a hearings officer or for the taking of a deposition or the production of documentary evidence from any place within the State at any designated place of hearing may be issued by the director or a duly authorized representative. The employer shall serve a claimant with a copy of a medical record subpoena unless the employer has previously obtained the claimant's authorization to examine the claimant's medical records. Should the claimant subpoena medical records, the employer shall be served a copy. The party subpoenaing the records shall provide these records within fifteen calendar days of their receipt to the employer, claimant, and the special compensation fund if a joinder has been filed, or their representatives. These records shall be submitted by the party requesting the subpoena to the director within seven calendar days of the date of the notice of hearing or upon request by the director. A party who desires to enforce the director's subpoena shall seek enforcement from a court of competent jurisdiction. [L 1963, c 116, pt of §1; Supp, §97-95; HRS §386-86; am L 1985, c 296, §8; am L Sp 2005, c 11, §8]
Haw. Rev. Stat. § 386-71.6 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-71.6
Workers' compensation benefits facilitator unit.
Status: in_force

(a) There is established within the department of labor and industrial relations the workers' compensation benefits facilitator unit. All professional and clerical employees of the unit shall be appointed by the director and shall be subject to chapter 76.

(b) Facilitators of the unit shall have the following duties and responsibilities:

(1) Assist injured workers in filing their workers' compensation claims under this chapter;

(2) Assist insurers, employers, and providers; and

(3) Facilitate the workers' compensation claims process.

(c) All expenses incurred by the director in establishing the unit shall be paid from the special compensation fund. [L 1996, c 260, §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 373-10 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-10
Fees.
Status: in_force

(a) Each employment agency shall file with its application, an initial schedule of placement fees to be charged to applicants. Any change to the schedule of placement fees shall be filed with the director within thirty days of the change, unless the time is extended by the director for good cause. The schedule of placement fees shall be available to the general public at the department.

(b) The schedule, or change of schedule shall become effective upon approval of the director; provided that the director shall approve or disapprove within sixty days after the schedule is filed.

(c) Any contract between an applicant and the employment agency shall be in writing and shall contain:

(1) In bold print enclosed within a conspicuous border, the gross amount of the estimated fee to be charged and the time period on which the fee is based;

(2) A statement indicating that the fees charged are in accordance with the schedule of placement fees filed with the department;

(3) A prominently displayed statement that no fees shall be paid until the job applicant obtains employment and receives the first paycheck, provided that this shall not apply to employer fee paid placements;

(4) The name and license number of the commercial employment agency; and

(5) A statement that the applicant has the right to have the agency produce for review a copy of the law and rules regulating the practices of commercial employment agencies.

A copy of the contract shall be provided to the applicant. The director may adopt rules pursuant to chapter 91 to prescribe the form and content of the contract.

(d) No employment agency shall charge to or collect from any applicant a registration fee or advance payment for services to be rendered in finding employment.

(e) It shall be a violation of this chapter for an employment agency to charge, demand, or collect any registration fee or advance payment for services from an applicant, or any fee which is greater than the applicable fee listed in the schedule which it has filed with the director. [L 1959, c 264, pt of §3; am L 1961, c 45, §2; Supp, §88A-10; HRS §373-10; am L 1980, c 287, §1; am L 1988, c 48, §2; am L 2002, c 22, §§6, 7]
Haw. Rev. Stat. § 386-128 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-128
Insurance by the State, counties, and municipalities.
Status: in_force

The State, any county or other political subdivision of the State, and any other public entity within the State which is liable to its employees for compensation, may insure with any authorized insurance carrier.
Haw. Rev. Stat. § 382-6 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-6
Termination of government operations.
Status: in_force

Whenever the governor finds that any company whose plant or facilities are being operated by the State is in a position to resume immediately and continue the operation of its plants and facilities without interruption, or that government operation of the plant or facilities of any company is no longer required for the public health, safety, and welfare, the governor shall terminate government operation of the plant and facilities and shall restore the same to the company.
Haw. Rev. Stat. § 386-21.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-21.5
Publication of fees by prepaid health care plan contractors.
Status: in_force

(a) A prepaid health care plan contractor as defined in section 393-3 shall provide the director upon request with a schedule of all the maximum allowable medical fees.

(b) Pursuant to section 386-21(c), the director shall review and, to the extent possible, shall use the fee obtained under subsection (a) as the primary guideline in establishing prevalent charges for medical care, services, and supplies in adopting the fee schedule for workers' compensation claims. [L 1995, c 234, §2]
Haw. Rev. Stat. § 383-29.6 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-29.6
[ §383-29.
Status: in_force

[ §383-29.6] Partial unemployment; eligibility. A new claim or an initial additional claim for partial unemployment benefits may be filed as the department prescribes for any week only if the individual:

(1) Is a full-time worker;

(2) Is attached to a regular employer, as defined in section 383-1;

(3) Worked less than or did not work the individual's normal, customary full-time hours, as defined in section 383-1, for that week;

(4) Had no earnings or earned less than the individual's weekly benefit amount for that week; and

(5) Was unemployed due to a lack of full-time work, as defined in section 383-1, for that week. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §5]
Haw. Rev. Stat. § 386-74 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-74
§§386-74 to 386-77 REPEALED.
Status: repealed

§§386-74 to 386-77 REPEALED. L 1969, c 244, §2c.
Haw. Rev. Stat. § 396-19 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-19
Hoisting machine operators advisory board.
Status: in_force

(a) There is created a hoisting machine operators advisory board, which shall be placed in the department for administrative purposes, to be composed of five members to serve without compensation and without reimbursement for expenses. Members shall be appointed by the governor under section 26-34.

The board shall adopt rules pursuant to chapter 91 for the certification of hoisting machine operators.

(b) The hoisting machine operators advisory board may employ a 0.5 full-time equivalent office assistant, without regard to chapters 76 and 89 and may dismiss such person as it finds necessary for the performance of its function and duties. The board shall have the authority to fix the office assistant's compensation. [L 1998, c 165, pt of §2; am L 2002, c 222, §2; am L 2016, c 74, §1]
Haw. Rev. Stat. § 386-22 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-22
Artificial member and other aids.
Status: in_force

Where an injury results in the amputation of an arm, hand, leg, or foot, or the enucleation of an eye, or the loss of natural or artificial teeth, or the loss of vision which may be partially or wholly corrected by the use of lenses, the employer shall furnish an artificial member to take the place of each member lost and, in the case of correctible loss of vision, a set of suitable glasses. Where it is certified to be necessary by a licensed physician or surgeon chosen by agreement of the employer and the employee, the employer shall furnish such other aids, appliances, apparatus, and supplies as are required to cure or relieve the effects of the injury. When a licensed physician or surgeon, chosen as above, certifies that it is necessitated by ordinary wear, the employer shall repair or replace such artificial members, aids, appliances, or apparatus.

Where an employee suffers the loss of or damage to any artificial member, aid, appliance, or apparatus by accident arising out of and in the course of the employee's employment, the employer shall repair or replace the member, aid, appliance, or apparatus whether or not the same was furnished initially by the employer.

The liability of the employer for artificial members, aids, appliances, apparatus, or supplies as is imposed by this section shall be limited to such charges as prevail in the same community for similar equipment of a person of a like standard of living when the equipment is paid for by that person and shall be subject to the deductible under section 386-100. [L 1963, c 116, pt of §1; Supp, §97-21; HRS §386-22; am L 1985, c 296, §16; gen ch 1985]
Haw. Rev. Stat. § 380-6 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-6
Liability of association, officers, members.
Status: in_force

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the State for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts or of ratification of such acts after actual knowledge thereof.
Haw. Rev. Stat. § 386-83 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-83
When claim within specified time is unnecessary or waived.
Status: in_force

(a) If payments of income and indemnity benefits have been made voluntarily by the employer, the making of a claim within the time prescribed in section 386-82 shall not be required. No such payments shall be deemed to have been made if the payments are in the nature of a gift and not intended as compensation, or are made by welfare or benefit organizations operating under direction or control of the employer, or are for medical, surgical, or hospital services and supplies, or are made as wages during periods of partial or total disability if the employer notifies the director of labor and industrial relations at the time in writing that such payments of wages are not in lieu of and shall not be considered as compensation.

(b) Unless the employer is prejudiced thereby, failure to make a claim within the time prescribed in section 386-82 shall not bar a claim to compensation if objection to such failure is not raised at the first hearing on the claim of which the employer is given reasonable notice and opportunity to be heard. [L 1963, c 116, pt of §1; Supp, §97-92; HRS §386-83]
Haw. Rev. Stat. § 386A-1 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-1
Definitions.
Status: in_force

As used in this chapter:

"Board" means the fund's board of directors.

"Fund" means the Hawaii state compensation mutual insurance fund. [L 1985, c 296, pt of §11; am L 1989, c 277, §2]
Haw. Rev. Stat. § 393-13 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-13
Liability for payment of premium; withholding; recovery of premium.
Status: in_force

Unless an applicable collective bargaining agreement specifies differently every employer shall contribute at least one-half of the premium for the coverage required by this chapter and the employee shall contribute the balance; provided that in no case shall the employee contribute more than 1.5 per cent of the employee's wages; and provided that if the amount of the employee's contribution is less than one-half of the premium, the employer shall be liable for the whole remaining portion of the premium.

The employer shall withhold the employee's share from the employee's wages with respect to pay periods as specified by the director.

If an employee separates from the employee's employment after the employee's employer has prepaid the employee's share of the cost of providing health care coverage, the employer may deduct an amount not to exceed one-half of the premium cost but without regard to the 1.5 per cent limitation, from the last salary or wages due the employee, or seek other appropriate means to recover the premium. [L 1974, c 210, pt of §1; am L 1976, c 206, §1; gen ch 1985]
Haw. Rev. Stat. § 392-22 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-22
Weekly benefit amount.
Status: in_force

Benefits shall be computed as weekly amounts in the manner provided in this section:

(1) If the average weekly wage of the employee is less than $26, the weekly benefit amount shall be equal to the average weekly wage but not more than $14;

(2) If the average weekly wage of the employee is $26 or more the weekly benefit amount shall be fifty-eight per cent of the average weekly wage rounded off, if not a multiple of $1, to the next higher multiple of $1;

(3) If the average weekly earnings of the employee exceed an amount equal to one fifty-second of the product obtained by multiplying the amount of the average annual wage in Hawaii, as determined pursuant to section 383-22(b), by the factor of 1.21, such excess shall not be included in the computation of the weekly benefit amount; and

(4) In no case shall the weekly benefit amount exceed the maximum weekly benefit specified in section 386-31. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(a); am L 1992, c 31, §1]
Haw. Rev. Stat. § 386-88 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-88
Judicial review.
Status: in_force

The decision or order of the appellate board shall be final and conclusive, except as provided in section 386-89, unless within thirty days after mailing of a certified copy of the decision or order, the director or any other party appeals to the intermediate appellate court, subject to chapter 602, by filing a written notice of appeal with the appellate board, or by electronically filing a notice of appeal in accordance with the Hawaii rules of appellate procedure. A fee in the amount prescribed by section 607-5 for filing a notice of appeal from a circuit court shall be paid to the appellate board for filing the notice of appeal from the board, which together with the appellate court costs shall be deemed costs of the appellate court proceeding. The appeal shall be on the record, and the court shall review the appellate board's decision on matters of law only. No new evidence shall be introduced in the appellate court, except that if evidence is offered that is clearly newly discovered evidence and material to the just decision of the appeal, the court may admit the evidence.
Haw. Rev. Stat. § 382-2 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-2
Proclamation of emergency; preparations for government operations.
Status: in_force

(a) Whenever the governor finds that the public health, safety, or welfare has been impaired or imperiled and a state emergency created as a result of the interruption in the furnishing of services by the stevedoring industry, whether the interruption has been caused by an industrial dispute or otherwise, the governor may issue a proclamation declaring the existence of the emergency and the governor's intention to exercise the governor's powers under section 382-3.

(b) Before or after the issuance of the proclamation the governor may make such preparations as the governor deems necessary or proper to carry out section 382-3. [L 1951, c 209, §3; RL 1955, §92-3; HRS §382-2; gen ch 1985]
Haw. Rev. Stat. § 386A-7 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-7
Liability and rights of parties and third persons.
Status: in_force

(a) Neither the State nor any policyholder nor any director or employee of the fund shall be liable to make any payments to the fund or pay any expenses of the fund, except as provided under this chapter.

No policyholder shall have any right to the return of any money paid to the fund, except as determined by the directors or by law.

(b) The board may refund premiums to policyholders; provided that such refunds do not jeopardize the fund's actuarial responsibility. [L 1985, c 296, pt of §11]
Haw. Rev. Stat. § 394-4 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-4
Compensation.
Status: in_force

The State shall pay to each person who is enrolled in a manpower development and training program a weekly compensation equal to the average weekly benefit amount provided under chapter 383. It may pay to each person who is employed on a public service employment project instituted under section 394-2 the prevailing wages of persons employed in similar public employment.
Haw. Rev. Stat. § 371K-5 — HI Code / Division 1 / Title 21 / Chapter 371K / Section 371K-5
§ §371K-5 and 371K-6 REPEALED.
Status: repealed

§ §371K-5 and 371K-6 REPEALED. L 2012, c 39, §§2, 3.
Haw. Rev. Stat. § 377-12 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-12
Strike notice.
Status: in_force

Where the exercise of the right to strike by employees of any employer engaged in the State in the production, harvesting, or initial processing of any farm, agricultural, or dairy product produced in the State would tend to cause the destruction or serious deterioration of the product, such employees shall give to the board at least ten days' notice of their intention to strike, and the board shall immediately advise the employer of the notice.
Haw. Rev. Stat. § 386A-9 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-9
Governing law.
Status: in_force

The interpretation of this chapter shall be governed by the laws of Hawaii.
Haw. Rev. Stat. § 396-13 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-13
Trade secrets.
Status: in_force

Information obtained by the department containing or revealing a trade secret shall be held confidential and access shall be limited to authorized representatives of the director concerned with carrying out this chapter or when relevant in any proceeding under this chapter. In such proceeding the director, the appeals board, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
Haw. Rev. Stat. § 377-2 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-2
Administration by Hawaii labor relations board.
Status: in_force

The Hawaii labor relations board provided for in chapter 89 shall administer the Hawaii employment relations act.

The board shall have a seal for the authentication of its orders and proceedings, upon which shall be inscribed the words "Hawaii Labor Relations Board--Seal". [L 1945, c 250, §4; am L 1951, c 249, §1; RL 1955, §90-3; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; am L 1964, c 56, §2; am L 1965, c 244, §2; HRS §377-2; am L 1985, c 251, §13]
Haw. Rev. Stat. § 383-25 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-25
§§383-25 to 383-28 REPEALED.
Status: repealed

§§383-25 to 383-28 REPEALED. L 1969, c 3, §1.
Haw. Rev. Stat. § 383-107 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-107
Reimbursement payments deemed benefits, when.
Status: in_force

Reimbursements paid from the fund pursuant to section 383-106(a)(3) shall be deemed to be benefits for the purpose of sections 383-21 to 383-24, 383-72, 383-76, and 383-121 to 383-124. The department of labor and industrial relations may make to other state or federal agencies and receive from such other state or federal agencies reimbursements from or to the fund, in accordance with arrangements entered into pursuant to section 383-106.
Haw. Rev. Stat. § 379-4 — HI Code / Division 1 / Title 21 / Chapter 379 / Section 379-4
Penalty.
Status: in_force

Any person, or agent, or officer thereof, who violates this chapter is punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both.
Haw. Rev. Stat. § 378-63 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-63
Civil actions for injunctive relief or damages.
Status: in_force

(a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.

(b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business.

(c) As used in subsection (a), "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney fees. [L 1987, c 267, pt of §1; am L 2002, c 56, §3]
Haw. Rev. Stat. § 383-33 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-33
Determinations, in general.
Status: in_force

(a) A determination upon a claim filed pursuant to section 383-32 shall be made promptly by a representative of the department of labor and industrial relations authorized to make determinations upon claims and shall include a statement as to whether and in what amount the individual is entitled to benefits for the week with respect to which the determination is made and, in the event of a denial, shall state the reasons therefor. A determination with respect to the first week of a benefit year shall also include a statement as to whether the individual has been paid the wages required under section 383-29(a)(5) and, if so, the first day of the benefit year, the individual's weekly benefit amount, and the maximum total amount of benefits payable to the individual with respect to such benefit year.

(b) If any employer fails to furnish the information necessary to determine whether and in what amount the individual is entitled to benefits in the manner and within the time specified by this chapter or regulations of the department, the department shall make a determination based upon such information as is available. Prior to October 1, 2013, in the absence of fraud, any redetermination made on the basis of information furnished by the employer after the prescribed period shall be effective only as to benefits paid after the week in which the information was received. In the absence of a showing by the employer satisfying the department that the employer could not reasonably comply with the department's requirement, any benefits overpaid prior to the effective date of the redetermination as a result of the employer's failure to furnish the information as required shall be charged entirely against the account of the noncomplying employer; provided that the overpaid benefits shall not, in any event, be recoverable from the individual. Any redetermination issued on or after October 1, 2013, on the basis of information furnished by the employer or the agent of the employer after the prescribed period shall be effective upon the date of the redetermination. The entire amount of benefits overpaid due to the employer's or agent of the employer's failure to respond timely or adequately to the agency's request for information as required shall be charged against the account of the noncomplying employer. [L 1939, c 219, §6(c); am L 1941, c 304, §1, pt of subs 18; RL 1945, §4234; am L 1955, c 51, §1(4); RL 1955, §93-32; am L Sp 1959 2d, c 1, §27; HRS §383-33; am L 1968, c 4, §2; am L 1971, c 187, §5; gen ch 1985; am L 2013, c 3, §2]
Haw. Rev. Stat. § 378-29.3 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-29.3
Penalties.
Status: in_force

(a) Civil. Any employer found in violation of this part shall be subject to a fine of no less than $250 nor more than $2,500 to be collected by the director and the fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so collected by the director shall be paid into the general fund.

(b) Criminal. Whoever intentionally resists, prevents, impedes, or interferes with the department or any of its agents or representatives in the performance of duties pursuant to this part, or who in any manner intentionally violates any provision of this chapter, or rule adopted thereunder, shall be fined no more than $2,500, or imprisoned no more than one year, or both.

(c) All criminal actions for violations of this part or any rule issued pursuant thereto, shall be prosecuted by the attorney general or public prosecutor. [L 1985, c 241, pt of §1; am L 2020, c 44, §2]
Haw. Rev. Stat. § 397-6 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-6
Safety inspection by qualified inspectors.
Status: in_force

(a) All safety inspections required under this chapter of pressure retaining items shall be performed by deputy boiler inspectors in the employ of the department who are qualified boiler inspectors; provided that the director may authorize the safety inspections to be performed by:

(1) Special inspectors, who are qualified boiler inspectors in the exclusive employment of insurance companies insuring pressure retaining items in this State; or

(2) Owner-user inspectors, who are qualified boiler inspectors in the exclusive employment of an owner-user inspection organization.

(b) A qualified boiler inspector is a person eligible for or in possession of a valid commission issued by the National Board of Boiler and Pressure Vessel Inspectors, who has satisfied the requirements established by the department, and who has received from the director or the director's authorized agent briefings and instructions regarding the rules pertaining to pressure retaining items in this State.

(c) All safety inspections required under this chapter of elevators and kindred equipment, and amusement rides and the premises appurtenant thereto, shall be performed by deputy elevator inspectors of the department who are qualified elevator inspectors and who are employed primarily for purposes of elevator and related inspection work.

(d) A qualified elevator inspector is a person who meets the criteria of the American Society of Mechanical Engineers and the standards for the qualification of elevator inspectors of the American National Standards Institute and has satisfied requirements established by the department. [L 1980, c 19, pt of §1; gen ch 1985; am L 1992, c 95, §1; am L 2018, c 186, §4; am L 2021, c 200, §5; am L 2022, c 102, §3]
Haw. Rev. Stat. § 379A-1 — HI Code / Division 1 / Title 21 / Chapter 379A / Section 379A-1
Picketing of residence or dwelling prohibited.
Status: in_force

It shall be unlawful for any person to engage in picketing before or about the residence or dwelling place of any individual. Nothing herein shall be deemed to prohibit[:]

(1) The picketing in any lawful manner, during a labor dispute, of the place of employment involved in such labor dispute; or

(2) The holding of a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest. [L Sp 1949, c 8, §2; RL 1955, §300-2; HRS §757-1; ren L 1972, c 9, pt of §1]

Revision Note

In the last sentence, (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
Haw. Rev. Stat. § 386-35 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-35
Benefit adjustment.
Status: in_force

(a) Effective January1, 1992, and January1 of every tenth year thereafter, any employee whose date of work injury is before January1, 1992, and January1 of every tenth year thereafter, and who is at any time after the work injury determined to be permanently and totally disabled shall be paid, without application, a supplemental allowance by the responsible employer calculated in accordance with the following provisions:

(1) In any case where the employee is entitled to receive the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount which when added to the benefit will equal the maximum weekly benefit as of January1, 1992, and January1 of every tenth year thereafter; or

(2) In any case where the employee is entitled to receive less than the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January1, 1992, and January1 of every tenth year thereafter, multiplied by the ratio of the employee's weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury, minus the employee's current weekly income benefit.

(b) The employer shall be entitled to reimbursement from the special compensation fund for the additional amount paid under subsection (a). Requests for reimbursements shall be filed annually with the department by January 31 of the subsequent calendar year. The director shall disapprove requests that are not filed properly or not filed in a timely manner, except for good cause shown.

(c) Effective January1, 1992, and January1 of every tenth year thereafter, any employee whose date of work injury is before January1, 1992, and January1 of every tenth year thereafter, and who is at any time after the work injury determined to be permanently and totally disabled, and who is further being paid weekly income benefits for permanent total disability by the special compensation fund shall be paid, without application, a supplemental allowance in accordance with the following provisions:

(1) In any case where the employee is entitled to receive the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount which when added to the benefit will equal the maximum weekly benefit as of January1, 1992, and January1 of every tenth year thereafter;

(2) In any case where the employee is entitled to receive less than the maximum weekly income benefit applicable on the date of the work injury, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January1, 1992, and January1 of every tenth year thereafter, multiplied by the ratio of the employee's current weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury, minus the employee's current weekly income benefit;

(3) In any case where the employee is entitled to receive weekly benefits at a fifty per cent rate, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January1, 1992, and January1 of every tenth year thereafter, multiplied by twice the ratio of the employee's current weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury minus the employee's current weekly income benefit; or

(4) In any case where the employee is no longer receiving weekly benefits, the supplemental allowance shall be an amount equal to the maximum weekly income benefit as of January1, 1992, and January1 of every tenth year thereafter, multiplied by the ratio of the employee's last weekly income benefit to the maximum weekly income benefit applicable on the date of the work injury. [L 1980, c 298, §1; am L 1981, c 114, §1; gen ch 1985; am L 1991, c 71, §1]
Haw. Rev. Stat. § 390-7 — HI Code / Division 1 / Title 21 / Chapter 390 / Section 390-7
Child labor crime.
Status: in_force

Any person, other than the minor employee, who knowingly violates any provision of this chapter shall be guilty of a misdemeanor.
Haw. Rev. Stat. § 383-42 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-42
Representation.
Status: in_force

The department of labor and industrial relations shall be a party and be entitled to notice in any proceeding involving a claim for benefits before the referee. In any proceeding for judicial review pursuant to section 383-41, the department may be represented by any qualified attorney employed by the department and designated by it for that purpose, or at the department's request by the attorney general.
Haw. Rev. Stat. § 382-7 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-7
Interference with government operations; injunctions.
Status: in_force

(a) All persons employed by the governor under sections 382-3 to 382-5 shall be deemed government employees within the meaning of sections 86-1 to 86-6 and such sections shall be applicable to the operations under sections 382-3 to 382-5.

(b) After a proclamation of an emergency pursuant to section 382-2 and until the termination of government operations as provided by section 382-6, it shall be unlawful for:

(1) Any private employee or labor organization to engage in a strike, or a concerted refusal to transport or otherwise handle any cargo or to perform services on any vessel or with respect to any facility;

(2) Any persons to concert to withhold patronage, employment, or other beneficial business intercourse; or

(3) Any person, with a purpose of instigating, inducing, procuring, bringing about, coercing, or inciting any such strike or concerted action or a continuation thereof, to picket or to establish or maintain a picket line of one or more persons, where an object of any such strike, concerted action, or picketing is to:

(A) Interfere with government operations under this chapter;

(B) Force or require any person to cease transporting or otherwise handling cargo with respect to which stevedoring services or related services have been or are to be performed by the government under this chapter; or

(C) Cause loss, injury, or damage to any person by reason of the person's having transported or otherwise handled or being about to transport or otherwise handle any cargo with respect to which stevedoring services or related services have been or are to be performed by the government under this chapter;

provided that in the case of an emergency arising out of a labor dispute in the stevedoring industry, this subsection shall not, by reason of refusal to return to employment involved in such labor dispute or by reason of refusal to accept employment by the government, apply to any employee engaged in the labor dispute. For the purposes of this subsection, the term "employee" includes any employee and is not limited to the employees of a particular employer and "private employee" means one employed by other than the government.

This section shall be enforceable in the same manner as that provided in section 86-4 for the enforcement of sections 86-1 to 86-6. [L 1951, c 209, §6; RL 1955, §92-8; HRS §382-7; gen ch 1985]
Haw. Rev. Stat. § 385-14 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-14
Rights, etc.
Status: in_force

§385-14 Rights, etc., preserved; other sections applicable. For the purposes of this chapter, sections 383-161 to 383-163 shall apply mutatis mutandis.
Haw. Rev. Stat. § 392-75 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-75
Judicial review.
Status: in_force

Any party or the director may obtain judicial review of the decision of the referee in the manner provided in chapter 91, by instituting proceedings in the circuit court of the circuit in which the claimant resides or in which the claimant was last employed. The proceedings shall be heard in a summary manner and shall be given precedence over all other civil cases except proceedings arising under the Employment Security Law and the Workers' Compensation Law of the State. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be taken and had in the same manner as is provided for a review of a judgment of a circuit court. No bond shall be required as a condition of initiating a proceeding for judicial review or initiating proceedings for review by the intermediate appellate court. Upon the final termination of any judicial proceeding, the referee shall enter an order in accordance with the mandate of the court.
Haw. Rev. Stat. § 371-19 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-19
Hawaii agriculture workforce advisory board; established.
Status: in_force

(a) There is created within the department, for administrative purposes only, the Hawaii agriculture workforce advisory board, which shall include the following members or their designees:

(1) The director;

(2) The chairperson of the board of agriculture and biosecurity;

(3) The superintendent of education;

(4) The dean of the college of tropical agriculture and human resources at the University of Hawaii at Manoa;

(5) The dean of the college of agriculture, forestry, and natural resource management at the University of Hawaii at Hilo;

(6) A chancellor of a community college within the University of Hawaii system, selected by the other members of the Hawaii agriculture workforce advisory board;

(7) The president of the Hawaii Farm Bureau Federation; and

(8) A representative from the farming community, for a term of two years, to be selected by the chairperson of the board of agriculture and biosecurity.

Section 26-34 shall not apply to the Hawaii agriculture workforce advisory board. The director shall serve as the chairperson of the Hawaii agriculture workforce advisory board.

(b) The Hawaii agriculture workforce advisory board shall advise the department on the following matters:

(1) Developing the next generation of the agriculture industry workforce in the State;

(2) Developing the mission, direction, and goals of the Hawaii agriculture workforce advisory board;

(3) Developing partnerships with agricultural organizations and stakeholders to further the Hawaii agriculture workforce advisory board's mission and objectives;

(4) Maintaining and supporting the National Future Farmers of America Organization within the State; and

(5) Recommending projects and programs to promote the expansion and development of the agricultural industry in the State.

(c) The Hawaii agriculture workforce advisory board members shall serve without compensation; provided that the representative from the farming community shall be reimbursed for necessary expenses incurred during the performance of the representative's duties. [L 2013, c 99, §2; am L 2025, c 236, §18]
Haw. Rev. Stat. § 382-8 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-8
Employee need not work involuntarily.
Status: in_force

Nothing in this chapter shall be construed to require an individual employee to render labor or service without the individual employee's consent, nor shall anything in this chapter be construed to make the quitting of the individual employee's labor or service by an individual employee an illegal act.
Haw. Rev. Stat. § 386-92 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-92
Default in payments of compensation, penalty.
Status: in_force

If any compensation payable under the terms of a final decision or judgment is not paid by a self-insured employer or an insurance carrier within thirty-one days after it becomes due, as provided by the final decision or judgment, or if any temporary total disability benefits are not paid by the employer or carrier within ten days, exclusive of Saturdays, Sundays, and holidays, after the employer or carrier has been notified of the disability, and where the right to benefits are not controverted in the employer's initial report of industrial injury or where temporary total disability benefits are terminated in violation of section 386-31, there shall be added to the unpaid compensation an amount equal to twenty per cent thereof payable at the same time as, but in addition to, the compensation, unless the nonpayment is excused by the director after a showing by the employer or insurance carrier that the payment of the compensation could not be made on the date prescribed therefor owing to the conditions over which the employer or carrier had no control.
Haw. Rev. Stat. § 386-208 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-208
Guaranty mechanism.
Status: in_force

In the event of a liquidation pursuant to section 386-207, after exhausting the security required pursuant to section 386-194(b)(2), the insurance commissioner shall levy an assessment against all groups to assure prompt payment of benefits. The assessment on each group shall be based on the proportion that the premium of each group bears to the total premium of all groups. The insurance commissioner may exempt a group from assessment upon finding that the payment of the assessment would render the group insolvent. The assessment shall not relieve any member of an insolvent group of its joint and several liability. After any assessment is made, the insurance commissioner shall take action to enforce the joint and several liability provisions of the insolvent group's indemnity agreement and shall recoup:

(1) All costs incurred by the insurance commissioner in enforcing the joint and several liability;

(2) Amounts that the insurance commissioner assessed any other groups pursuant to this section; and

(3) Any obligation included within section 386-207(f). [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 386-87 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-87
Appeals to appellate board.
Status: in_force

(a) A decision of the director shall be final and conclusive between the parties, except as provided in section 386-89, unless within twenty days after a copy has been sent to each party, either party appeals therefrom to the appellate board by filing a written notice of appeal with the appellate board or the department. In all cases of appeal filed with the department the appellate board shall be notified of the pendency thereof by the director. No compromise shall be effected in the appeal except in compliance with section 386-78.

(b) The appellate board shall hold a full hearing de novo on the appeal.

(c) The appellate board shall have power to review the findings of fact, conclusions of law and exercise of discretion by the director in hearing, determining or otherwise handling of any compensation case and may affirm, reverse or modify any compensation case upon review, or remand the case to the director for further proceedings and action.

(d) In the absence of an appeal and within thirty days after mailing of a certified copy of the appellate board's decision or order, the appellate board may, upon the application of the director or any other party, or upon its own motion, reopen the matter and thereupon may take further evidence or may modify its findings, conclusions or decisions. The time to initiate judicial review shall run from the date of mailing of the further decision if the matter has been reopened. If the application for reopening is denied, the time to initiate judicial review shall run from the date of mailing of the denial decision. [L 1963, c 116, pt of §1; Supp, §97-96; HRS §386-87; am L 1969, c 244, §2d; am L 1974, c 8, §1]
Haw. Rev. Stat. § 386-124.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-124.5
Insurer's requirements; failure to maintain claims service office; penalty; injunction.
Status: in_force

(a) By January1, 1992, each insurer shall establish and maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this State with draft authority for the processing and payment of compensation.

(b) Failure to comply with subsection (a) shall subject the insurer to a civil penalty of not less than $2,500, or $100 for every day during which the failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State in a court of competent jurisdiction. Any amounts so collected shall be paid into the special compensation fund provided by section 386-151. The director shall have discretion, for good cause shown, to remit all or any part of the penalty in excess of $2,500, if the insurer in default forthwith complies with subsection (a).

(c) If any insurer violates subsection (a) for a period of thirty days, the insurer may be enjoined by the circuit court from carrying on the insurer's business in any place in the State so long as the violation continues.

(d) The attorney general shall enforce this section if so requested by the director. [L 1991, c 78, §1]
Haw. Rev. Stat. § 383-164 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-164
Nonliability of State.
Status: in_force

Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter, and to the extent that moneys are available therefor to the credit of the unemployment compensation fund and the department of labor and industrial relations shall not be liable for any amount in excess of such sums.
Haw. Rev. Stat. § 378-5 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-5
Remedies.
Status: in_force

(a) The commission may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, restoration to membership in any respondent labor organization, or other remedies as provided under chapter 368, which in the judgment of the commission, will effectuate the purpose of this part, including a requirement for reporting on the manner of compliance.

(b) In any civil action brought under this part, if the court finds that a respondent has engaged in or is engaging in any unlawful discriminatory practice as defined in this part, the court may enjoin the respondent from engaging in such unlawful discriminatory practice and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement, hiring, or upgrading of employees, with or without backpay, or restoration of membership in any respondent labor organization, or any other equitable relief the court deems appropriate. Backpay liability shall not accrue from a date more than two years prior to the filing of the complaint with the commission.

(c) In any action brought under this part, the court, in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow costs of action, including costs of fees of any nature and reasonable attorney's fees, to be paid by the defendant. [L 1981, c 94, pt of §2; am L 1989, c 386, §9]
Haw. Rev. Stat. § 385-8 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-8
Claim.
Status: in_force

A claimant who desires to claim additional unemployment benefits shall file a claim pursuant to section 383-32.
Haw. Rev. Stat. § 386-198 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-198
Group membership; termination, liability.
Status: in_force

(a) An employer joining a workers' compensation self-insurance group after the group has been issued a certificate of approval shall submit an application for membership to the board of trustees or its administrator and enter into the indemnity agreement required by section 386-194(b). Membership shall take effect no earlier than each member's date of approval. The application for membership and its approval shall be maintained as permanent records of the board of trustees.

(b) Each member of a group shall be subject to cancellation by the group pursuant to the bylaws of the group. In addition, each member may elect to terminate participation in the group. The group shall notify the insurance commissioner and department of labor and industrial relations of the termination or cancellation of a member within ten days. The group shall maintain coverage of each canceled or terminated member for thirty days after the notice, at the terminating member's expense, unless the group is notified sooner by the department that the canceled or terminated member has procured workers' compensation insurance, has become an approved self-insurer, or has become a member of another group.

(c) The group shall pay all workers' compensation benefits for which each member incurs liability during the member's period of membership. A member who elects to terminate its membership or is canceled by a group remains jointly and severally liable for workers' compensation obligations of the group and its members which were incurred during the canceled or terminated member's period of membership.

(d) A group member is not relieved of its workers' compensation liabilities incurred during its period of membership, except through payment by the group or the member of required workers' compensation benefits.

(e) The insolvency or bankruptcy of a member does not relieve the group or any other member of liability for the payment of any workers' compensation benefits incurred during the insolvent or bankrupt member's period of membership. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 394B-13 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-13
Employees remedies.
Status: in_force

(a) An action by an employee to enforce the provisions of this chapter may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to maintain the action.

(b) The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of action, including costs of fees of any nature, and reasonable attorney's fees, to be paid by the defendant.

(c) The court may also provide injunctive relief in appropriate circumstances. [L 1987, c 377, pt of §3]
Haw. Rev. Stat. § 373L-1 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-1
Definitions.
Status: in_force

Whenever used in this chapter, unless the context otherwise requires:

"Client company" means any person that enters into a professional employer agreement with a professional employer organization and has covered employees.

"Covered employee" means an individual who performs services for a client company pursuant to a professional employer agreement.

"Department" means the department of labor and industrial relations.

"Director" means the director of labor and industrial relations.

"Person" means a natural or legal person.

"Professional employer agreement" means a written contract by and between a client company and a professional employer organization that:

(1) Provides for covered employees to the client company;

(2) Describes the duties and responsibilities of the client company and the professional employer organization with respect to the covered employees; and

(3) Includes a declaration by the professional employer organization of the professional employer organization's responsibilities under section 373L-6.

"Professional employer organization" means any person that is a party to a professional employer agreement with a client company and whose covered employees perform services on a long-term, rather than temporary or project-specific basis. The term does not include temporary help services, staff leasing, or other similar arrangements.

"Temporary help services" means an arrangement by which a person recruits and hires the person's own employees and:

(1) Finds other organizations that need the services of those employees;

(2) Assigns those employees to perform work or services for other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, including employee absences, skill shortages, seasonal workloads, or special assignments or projects; and

(3) Customarily attempts to reassign the employees to successive placements with other organizations at the end of each assignment. [L 2010, c 129, pt of §1; am L 2013, c 174, §4]
Haw. Rev. Stat. § 377-9 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-9
Prevention of unfair labor practices.
Status: in_force

(a) Any controversy concerning unfair labor practices may be submitted to the board in the manner and with the effect provided in this chapter, but nothing herein shall prevent the pursuit of relief in courts of competent jurisdiction.

(b) Any party in interest may file with the board a written complaint, on a form provided by the board, charging any person with having engaged in any specific unfair labor practice. The board shall serve or require the complainant to serve a copy of the complaint upon the person charged, hereinafter referred to as the respondent. If the board has reasonable cause to believe that the respondent is a member of or represented by a labor union, then service upon an officer of the union shall be deemed to be service upon the respondent. Service may be by delivery to the person, or by mail or electronic service through a company designated by the board, to the person's last known address. Any other person claiming interest in the dispute or controversy, as an employer, an employee or their representative, shall be made a party upon proof of the interest. The board may bring in additional parties by service of a copy of the complaint. Only one complaint shall issue against a person with respect to a single controversy, but any complaint may be amended in the discretion of the board at any time prior to the issuance of a final order based thereon. The respondent may file an answer to the original or amended complaint but the board may find to be true any allegation in the complaint in the event either no answer is filed or the answer neither specifically denies nor explains the allegation nor states that the respondent is without knowledge concerning the allegation. The respondent shall have the right to appear in person or otherwise give testimony at the place and time fixed in the notice of hearing. The hearing on the complaint shall be before either the board or a hearings officer of the board, as the board may determine.

The board shall fix a time for the hearing on the complaint, which shall be not less than ten nor more than forty days after the filing of the complaint or amendment thereof. Notwithstanding section 91-9.5, in any hearing conducted by the board, all parties shall be given written notice of the hearing by first class mail or by electronic service through a company designated by the board at least fifteen days before the scheduled date of the hearing. In case a party in interest is located without the State and has no known address within the State and no known electronic mail address, a copy of the complaint and copies of all notices shall be filed in the office of the lieutenant governor and shall also be sent by first class mail to the last known address of the party. Such filing and mailing shall constitute sufficient service with the same force and effect as if served upon a party located within the State. The hearing may be adjourned from time to time in the discretion of the board and hearings may be held at such places as the board shall designate.

In all proceedings under this chapter before the board, each member of the board may issue subpoenas and administer oaths. Depositions may be taken in the manner prescribed by law. No person shall be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture under the laws of the State, but such person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person may testify or produce evidence, documentary or otherwise, in such proceedings. Such person so testifying shall not be exempt, however, from prosecution and punishment for perjury committed in so testifying.

Any person who wilfully and unlawfully fails or neglects to appear or to testify or to produce books, papers, and records as required, shall, upon application to a circuit judge, be ordered to appear before the board, and failure to obey the order may be punished as a contempt of court.

Each witness who appears before the board by subpoena shall receive for the witness' attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the State in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the board.

(c) A full and complete record shall be kept of all proceedings had before the board and all testimony and proceedings shall be taken down by a reporter engaged for such purpose or by use of a mechanical recording device. It shall not be necessary to transcribe the record unless requested for purposes of rehearing or court review. In the proceedings the board shall not be bound by technical rules of evidence.

(d) After the final hearing, the board shall promptly make and file an order or decision, incorporating findings of fact upon all the issues involved in the controversy and the determination of the rights of the parties. Pending the final determination of the controversy the board may, after hearing, make interlocutory orders which may be enforced in the same manner as final orders. Final orders may dismiss the complaint or require the person complained of to cease and desist from the unfair labor practices found to have been committed, suspend the person's rights, immunities, privileges, or remedies granted or afforded by this chapter for not more than one year, and require the person to take affirmative action, including reinstatement of employees and make orders in favor of employees making them whole, including back pay with interest, costs, and attorneys' fees. Any order may further require the person to make reports from time to time showing the extent to which the person has complied with the order. Furthermore, an employer or employee who wilfully or repeatedly commits unfair or prohibited practices that interfere with the statutory rights of an employer or employees or discriminates against an employer or employees for the exercise of protected conduct shall be subject to a civil penalty not to exceed $10,000 for each violation. In determining the amount of any penalty under this section, the board shall consider the gravity of the unfair or prohibited practice and the impact of the practice on the charging party, on other persons seeking to exercise rights guaranteed by this section, or on public interest.

(e) If any person fails or neglects to obey an order of the board while the same is in effect the board may petition the circuit judge of the judicial circuit wherein the person resides or usually transacts business for the enforcement of the order and for appropriate temporary relief or restraining order, and shall certify and file in the court the record in the proceedings, including all documents and papers on file in the matter, the pleadings and testimony upon which the order was entered, and the decision and order of the board. Upon such filing the board shall cause notice thereof to be served upon the person by mailing a copy to the person's last known post office address, and thereupon the judge shall have jurisdiction in the premises.

(f) Any person aggrieved by the decision or order of the board may obtain a review thereof as provided in chapter 91 by instituting proceedings in the circuit court of the judicial circuit in which the person or any party resides or transacts business, subject, however, to the general provisions of law for a change of the place of trial or the calling in of another judge. Where different parties in the same proceeding file petitions for review in two or more courts having proper jurisdiction, the jurisdiction of the judge first petitioned shall be exclusive and the other petitions shall be transferred to the judge. The petition shall state the grounds upon which a review is sought and copies thereof shall be served upon the other parties and the board. Service may be made by mailing such copies to the last known post office address of the parties concerned. When the proceedings are at issue, they may be brought on for hearing before the court upon the record by any party on ten days' written notice to the others. Upon the hearing, the court may confirm, modify, or set aside the decision or order of the board and enter an appropriate decree. No objection that has not been urged before the board shall be considered by the court unless the failure or neglect to urge the objection shall be excused because of extraordinary circumstances.

(g) In any proceedings for review of a decision or order of the board, the judge shall disregard any irregularity or error unless it is made to appear affirmatively that the complaining party was prejudiced thereby.

(h) Commencement of proceedings under subsection (f) of this section shall not stay enforcement of the board decisions or order; but the board, or the reviewing court may order a stay upon such terms as it deems proper.

(i) Petitions filed under this section shall have preference over any civil cause of a different nature pending in the circuit court, shall be heard expeditiously, and the circuit courts shall always be deemed open for the trial thereof.

(j) Any party may appeal from the judgment of a circuit court entered under this chapter, subject to chapter 602, in the manner provided for civil appeals from the circuit courts.

(k) A substantial compliance with the procedure of this chapter shall be sufficient to give effect to the decisions and orders of the board, and they shall not be declared inoperative, illegal, or void for any nonprejudicial irregularity in respect thereof.

(l) No complaints of any specific unfair labor practice shall be considered unless filed within ninety days of its occurrence.

(m) All documents filed with the board under this section shall be delivered to the board as:

(1) An original paper document; or

(2) An electronic version, filed by electronic service through a company designated by the board.

A document filed by electronic means shall be deemed an original document for the purposes of this section.

(n) For the purposes of this section, "document" includes all complaints, answers, motions, memoranda, declarations, exhibits, certificates of service, and other papers filed with the board. [L 1945, c 250, §9; am L 1951, c 249, §9; RL 1955, §90-10; am L 1965, c 96, §66 and c 244, §§4, 5; HRS §377-9; am L 1979, c 111, §16; am L 1985, c 251, §18; gen ch 1985; am L 2004, c 202, §37; am L 2006, c 94, §1; am L Sp 2009, c 6, §2; am L 2010, c 109, §1; am L 2016, c 191, §1; am L 2019, c 211, §2; am L 2024, c 141, §2]
Haw. Rev. Stat. § 386-84 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-84
Limitation of time with respect to minors and mentally incompetent.
Status: in_force

No limitation of time provided in this chapter shall run as against any person who is mentally incompetent or a minor dependent so long as the person or minor has no guardian or next friend.
Haw. Rev. Stat. § 386-197 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-197
Board of trustees; membership, powers, duties, and prohibitions.
Status: in_force

Each group shall be operated by a board of trustees, which shall consist of not less than five persons whom the members of a group elect for stated terms of office. At least two-thirds of the trustees shall be employees, officers, or directors of members of the group. The group's administrator, service company, or any owner, officer, employee of, or any other person affiliated with, the administrator or service company shall not serve on the board of trustees of the group. All trustees shall be residents of this State or officers of corporations authorized to do business in this State. The board of trustees of each group shall ensure that all claims are paid promptly and take all necessary precautions to safeguard the assets of the group, including all of the following:

(1) The board of trustees shall:

(A) Maintain responsibility for moneys collected or disbursed from the group and segregate all moneys into a claims fund account and an administrative fund account. At least seventy per cent of the net premium shall be placed into a designated depository for the sole purpose of paying claims, allocated claims expenses, reinsurance or excess insurance, and special compensation fund assessments. This account shall be called the claims fund account. The remaining net premium shall be placed in a designated depository for the payment of taxes, general regulatory fees and assessments, and administrative costs. This account shall be called the administrative fund account. The commissioner may approve an administrative fund account of more than thirty per cent and a claims fund account of less than seventy per cent only if the group shows to the insurance commissioner's satisfaction that more than thirty per cent is needed for an effective safety and loss control program or that the group's aggregate excess insurance attaches at less than seventy per cent;

(B) Maintain minutes of its meetings and make the minutes available to the insurance commissioner;

(C) Retain an independent certified public accountant to prepare the statement of financial condition required by section 386-201(a); and

(D) Designate an administrator to carry out the policies established by the board of trustees and to provide day to day management of the group and delineate in the written minutes of its meetings the areas of authority it delegates to the administrator.

(2) The board of trustees shall not:

(A) Extend credit to a member for payment of a premium, except pursuant to payment plans approved by the insurance commissioner; and

(B) Borrow moneys from the group or in the name of the group, except in the ordinary course of business, without first advising the insurance commissioner of the nature and purpose of the loan and obtaining prior approval from the insurance commissioner. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 383-109 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-109
Cooperation with foreign governments.
Status: in_force

To the extent permissible under the laws and Constitution of the United States, the department of labor and industrial relations may enter into or cooperate in arrangements whereby facilities and services provided under this chapter, and facilities and services provided under the unemployment compensation law of any foreign government, may be utilized for the taking of claims and the payment of benefits under the employment security law of this State or under a similar law of such government.
Haw. Rev. Stat. § 396-18 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-18
Safety and health programs for contractors bidding on state construction jobs.
Status: in_force

(a) All bids and proposals in excess of $100,000 for state construction jobs as defined in section 103D-104 shall include a signed certification from the bidder or offerer that a written safety and health plan for the job will be available and implemented by the notice to proceed date of the project. The written safety and health plan shall include:

(1) A safety and health policy statement reflecting management commitment;

(2) A description of the safety and health responsibilities of all levels of management and supervisors on the job and a statement of accountability appropriate to each;

(3) The details of:

(A) The mechanism for employee involvement in job hazard analysis;

(B) Hazard identification, including periodic inspections and hazard correction and control;

(C) Accident and "near-miss" investigations; and

(D) Evaluations of employee training programs;

(4) A plan to encourage employees to report hazards to management as soon as possible and to require management to address these hazards promptly; and

(5) A certification by a senior corporate or company manager that the plan is true and correct.

(b) Failure to submit the required certification may be grounds for disqualification of the bid or proposal.

(c) Failure to have available on site or failure to implement the written safety and health plan by the project's notice to proceed date shall be considered wilful noncompliance and be sufficient grounds to disqualify the award and terminate the contract. [L 1995, c 199, §2]
Haw. Rev. Stat. § 383-131 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-131
Unemployment insurance technology assessment.
Status: in_force

(a) In addition to contributions determined by section 383-68, every employer, except an employer who has elected an alternative method of financing liability for unemployment compensation benefits pursuant to section 383-62, shall be subject to an unemployment insurance technology assessment at a rate of 0.01 per cent of taxable wages as specified in section 383-61.

(b) Collections from the unemployment insurance technology assessment shall be made in the same manner and at the same time as any contributions required under section 383-61, and shall not be deducted, in whole or in part, from the wages of individuals in an employer's employ.

(c) Any assessments collected pursuant to this section shall remain separate and shall not be included in any manner in computing unemployment contribution rates assigned to employers in accordance with sections 383-63 to 383-69.

(d) The director may impose a penalty and interest on delinquent unemployment insurance technology assessments in the same manner as provided for contributions to the unemployment compensation fund in section 383-73. For purposes of computation of penalty and interest under this subsection, unemployment insurance technology assessments shall be considered part of the employer ' s contributions to the unemployment compensation fund.

(e) Collection of money from an employer delinquent in paying unemployment insurance technology assessments, employment and training fund assessments, or contributions to the unemployment compensation fund pursuant to this chapter shall first be applied to interest and penalty, then applied to delinquent unemployment compensation contributions, then to delinquent unemployment insurance technology assessments, and finally to delinquent employment and training assessments. [L 2023, c 208, pt of §1]
Haw. Rev. Stat. § 392-3 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-3
Definitions generally.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise:

"Benefit year" with respect to any individual means the one-year period beginning with the first day of the first week of disability with respect to which the individual first files a valid claim for temporary disability benefits. A subsequent benefit year is the one-year period following a preceding benefit year, beginning either with the first:

(1) Day of the first week of disability with respect to which the individual files a subsequent claim for temporary disability benefits; or

(2) Workday following the expiration of the preceding benefit year if a disability for which temporary disability benefits are payable during the last week of the preceding benefit year continues and the individual is eligible for further benefit payments.

"Contributions" means the amounts of money authorized by this chapter to be withheld from employees' wages for the payment of temporary disability benefits.

"Department" means the department of labor and industrial relations.

"Director" means the director of labor and industrial relations.

"Disability" means total inability of an employee to perform the duties of the employee's employment caused by sickness, pregnancy, termination of pregnancy, organ donation, or accident other than a work injury as defined in section 386‑3.

"Employer" means any individual or type of organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more individuals in employment during any day or portion of a day.

"Employment" and "employed" means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, express or implied, with an employer, except as otherwise provided in sections 392-4 and 392-5.

"Recipient of social service payments" includes:

(1) A person who is an eligible recipient of social services such as attendant care and day care services; and

(2) A corporation or private agency that contracts directly with the department of human services to provide attendant care and day care services authorized under the Social Security Act, as amended.

"Wages" means all remuneration for services from whatever source, including commissions, bonuses, tips or gratuities received in the course of employment from others than the employer to the extent that they are customary and expected in that type of employment and reported to the employer for payroll tax deduction purposes, and the cash value of all remuneration in any medium other than cash.

The director may issue regulations for the reasonable determination of the cash value of remuneration in any medium other than cash.

Wages do not include the amount of any payment specified in section 383-11.

"Weekly benefit amount" means the amount payable under this chapter for a period of continuous disability throughout a calendar week. If the period of disability or the initial or terminal portion thereof is shorter than a calendar week, the benefit amount payable for that portion shall be the weekly benefit amount multiplied by a factor consisting of a quotient having the number of workdays lost during the portion of the week for the enumerator and the number of regular workdays of the employee during a calendar week for the denominator. [L 1969, c 148, pt of §1; am L 1973, c 61, §1; am L 1980, c 32, §1; gen ch 1993; am L 2007, c 259, §4; am L 2014, c 160, §1; am L 2016, c 55, §15]

Revision Note

Numeric designations deleted pursuant to §23G-15.
Haw. Rev. Stat. § 398-24 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-24
Appeal and hearing.
Status: in_force

(a) Upon appeal by the employer, the order issued by the department shall be subject to a de novo review by a hearings officer appointed by the director.

(b) The hearings officer shall schedule a contested case hearing that shall be heard in accordance with chapter 91.

(c) At any time after the filing of an appeal under subsection (a), but prior to the hearing, the hearings officer may hold a prehearing conference with the parties or their representatives.

(d) If a hearing is held as provided under subsection (b), the hearings officer shall issue a decision and grant relief as provided under this chapter.

(e) Any person aggrieved by the decision of the hearings officer shall be entitled to judicial review as provided by section 91-14.

(f) The hearings officer may administer oaths, take or cause to be taken depositions of witnesses, and may issue subpoenas to compel the attendance and testimony of witnesses or the production of records, payrolls, correspondence, documents, or other material relating to any matter to be heard. [L 1995, c 154, pt of §3]
Haw. Rev. Stat. § 393-21 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-21
Individual waivers; additional withholding for dependents.
Status: in_force

(a) An employee may waive individually all of the required health care benefits pursuant to this chapter by:

(1) Requesting the waiver by a writing submitted to the employer; and

(2) Receiving approval of the waiver from the director upon the director determining that the employee has other coverage under a prepaid health care plan which provides benefits that meet the standards prescribed in section 393-7.

(b) The employer who receives from an employee a written request for a waiver under this section shall transmit to the director a copy of the waiver, on a form prescribed by the director, and a copy of the prepaid health care plan on the basis of which the waiver is requested.

(c) A waiver under this section is binding for one year and is renewable for subsequent one-year periods.

(d) An employer who, directly or indirectly, coerces or attempts to coerce an employee in making a waiver under this section shall be subject to the penalty provided under section 393-33(b).

(e) An employee may not agree to pay a greater share of the premium for such benefits than is required by this chapter.

(f) Subject to section 393-7(b), an employee may consent to pay a greater share of the employee's wages and to a withholding of such share by the employer for the purpose of providing prepaid health care benefits of the employee's dependents under the plan providing such benefits for the employee's self. [L 1974, c 210, pt of §1; am L 1976, c 81, §1; gen ch 1985]
Haw. Rev. Stat. § 387-5 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-5
Duty of director; employees, salaries.
Status: in_force

The director of labor and industrial relations shall enforce this chapter. The director may appoint such assistants and such clerical, stenographic, and other help as may be necessary for the proper enforcement of this chapter subject to any civil service act relating to state employees. The salaries of all of the foregoing appointees and employees shall be as fixed by law. [L Sp 1941, c 66, pt of §5; RL 1945, §4355; RL 1955, §94-5; am L Sp 1959 2d, c 1, §27; HRS §387-5]
Haw. Rev. Stat. § 397-5 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-5
Fees.
Status: in_force

(a) By rules adopted pursuant to chapter 91, the director shall prescribe reasonable fees to be charged for inspection, examination, and other services rendered, and for permits, certificates, or licenses, the issuance of which are required by this chapter or by any rules of the department adopted pursuant to this chapter. The fee schedule shall include fees for:

(1) Inspections by the department of any pressure retaining item, amusement ride, and elevator and kindred equipment for which a permit or certificate is required for its installation, repair, alteration, operation, or use, and which is required to be inspected by this chapter or by any rules of the department; and

(2) Examination of any person applying for permits, certificates, or licenses as required by this chapter or by any rules of the department.

(b) All fees received by the department pursuant to this section shall be paid into the boiler and elevator revolving fund. [L 1980, c 19, pt of §1; am L 1998, c 142, §§4, 9; am L 1999, c 163, §18; am L 2002, c 39, §19; am L 2003, c 178, §10; am L 2012, c 103, §2; am L 2018, c 186, §3; am L 2021, c 200, §4]
Haw. Rev. Stat. § 377-7 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-7
Unfair labor practices of employees.
Status: in_force

It shall be an unfair labor practice for an employee individually or in concert with others:

(1) To coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed in section 377-4;

(2) To coerce, intimidate, or induce any employer to interfere with any of the employer's employees in the enjoyment of their legal rights, including those guaranteed in section 377-4, or to engage in any practice with regard to the employer's employees which would constitute an unfair labor practice if undertaken by the employer on the employer's own initiative;

(3) To violate the terms of a collective bargaining agreement;

(4) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination of the board or of any tribunal of competent jurisdiction;

(5) To cooperate in engaging in, promoting, or inducing picketing (not constituting an exercise of constitutionally guaranteed freedom of speech), boycotting or any other overt act accompanying a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike;

(6) To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance;

(7) To engage in a secondary boycott; or to hinder or prevent by threats, intimidation, force, coercion, or sabotage, the obtaining, use, or disposition of materials, equipment, or services; or to combine or conspire to hinder or prevent, by any means whatsoever, the obtaining, use, or disposition of materials, equipment, or service. Nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft;

(8) To take unauthorized possession of property of the employer or to engage in any concerted effort to interfere with production except by leaving the premises in an orderly manner for the purpose of going on strike;

(9) To fail to give the notice of intention to strike provided in section 377-12. [L 1945, c 250, pt of §8; RL 1955, §90-8; HRS §377-7; am L 1985, c 251, §17; gen ch 1985]
Haw. Rev. Stat. § 371-7 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-7
Duties and powers of the department; rules, procedure for varying.
Status: in_force

In addition to any other duties and powers as may be conferred upon the department of labor and industrial relations by law, the department shall:

(1) File with the governor a written report or reports at times, at least once in each year, and in a form as shall be requested by the governor covering the condition and activities of the department;

(2) Make, modify, and repeal reasonable rules of general application for the protection of life, health, and safety of employees in every employment or place of employment; provided that the rules shall not conflict with any rules of the department of health covering the same subject matter; provided further that rules pertaining to any workers' compensation case arising under chapter 386 shall be adopted or amended as specified in section 386-72; and

(3) Make, modify, and repeal such other reasonable rules of general application as may be necessary to carry into effect this chapter.

The rules of the department and any amendments thereto, when adopted in accordance with chapter 91, shall have the force and effect of law and shall be enforced in the same manner as this chapter.

If there are practical difficulties or unnecessary hardships in carrying out a rule, the director of labor and industrial relations, after public hearing, may make a variation from the requirement if the spirit of the rule is observed. Any person affected by the rule, or the person's agent, may petition for variation, stating the grounds therefor. The director shall fix a day for a hearing on the petition and give reasonable notice thereof to the petitioner. A properly indexed record of all variations made shall be kept in the office of the department and shall be open to public inspection.

Any interested person may obtain a ruling as to the validity or applicability of any rule in the manner provided in chapter 91. [L 1939, c 237, §1(9); RL 1945, §4112; am L 1951, c 23, §1; RL 1955, §88-13; am L Sp 1959 2d, c 1, §§19, 27; am L 1965, c 96, §63; HRS §371-7; gen ch 1985; am L Sp 2005, c 11, §2]
Haw. Rev. Stat. § 392-79 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-79
Reconsideration.
Status: in_force

(a) At any time within one year from the date of a final decision with respect to wages upon which benefits are computed, the director on the director's own motion may reopen the decision if the director finds that wages of the claimant pertinent to the decision but not considered in connection therewith have been newly discovered or that benefits have been allowed or denied or the amount of benefits have been fixed on the basis of a nondisclosure or misrepresentation of a material fact.

(b) At any time within two years from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that the benefits were allowed or denied as a result of nondisclosure or misrepresentation of a material fact.

(c) At any time within one year from the end of any week with respect to which a final decision allowing or denying benefits has been made, the director on the director's own motion may reopen the decision if the director finds that an overpayment, due to reasons other than fraud, has occurred.

(d) In any case in which the director is authorized by this section to reopen any final decision rendered by a referee or court, the director may petition the referee or court to issue a revised decision. [L 1969, c 148, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 383-101 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-101
Relation to chapter 371.
Status: in_force

The provisions of chapter 371 with respect to the adoption, amendment, repeal, and review of rules and regulations shall not apply with respect to rules and regulations under this chapter.
Haw. Rev. Stat. § 386-153 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-153
Levy on insurers of employers insured under section 386-121(a)(1).
Status: in_force

(a) For the calendar year 1974 and for each calendar year thereafter, insurers of employers, as defined in section 386-1, shall pay a levy determined by the director which shall be based on a percentage on gross premiums, as defined in section 431:7-202(a), derived from workers' compensation insurance issued during the prior year in accordance with chapter 386 and chapter 431, if the levying and collecting of such a levy is required pursuant to section 386-152, which levy shall be collected in the same manner as the tax provided for in section 431:7-202 is collected and shall be deposited in the special compensation fund established in section 386-151. This levy shall be in addition to any tax imposed in chapter 431 on gross premiums derived from workers' compensation insurance.

(b) Notwithstanding subsection (a), from its inception through December 31, 2007, the Hawaii Employers' Mutual Insurance Company, Inc., shall be exempt from this levy; provided that this exemption shall apply to the first $25,000,000 of written premiums in each calendar year; and provided further that annual written premiums in excess of $25,000,000 shall be subject to this levy at the same rate as other insurers. Any moneys heretofore paid by Hawaii Employers' Mutual Insurance Company, Inc., to the special compensation fund shall be retained by the special compensation fund to be credited to future levy balances owed by Hawaii Employers' Mutual Insurance Company, Inc. [L 1963, c 103, pt of §1; Supp, §97-142; HRS §386-153; am L 1973, c 183, §3; am L 1975, c 41, §1; am L 1991, c 165, §1; am L 1999, c 163, §22]
Haw. Rev. Stat. § 392-77 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-77
Payment of benefits.
Status: in_force

Benefits shall be paid promptly in accordance with the decision. If an application for reconsideration is duly made or if judicial review is duly filed, benefits with respect to weeks of disability not in dispute and benefits payable in any amount not in dispute shall be paid promptly regardless of any reconsideration or appeal.
Haw. Rev. Stat. § 378-26.5 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-26.5
Unlawful practices.
Status: in_force

It shall be unlawful for any employer to:

(1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;

(2) Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;

(3) Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job;

(4) Subject a prospective employee to a lie detector test which includes inquiries deemed unlawful under section 378-2;

(5) Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or

(6) Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this part. [L 1985, c 241, pt of §1]
Haw. Rev. Stat. § 383-69 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-69
Procedure for rate determination.
Status: in_force

The department of labor and industrial relations, as soon as is reasonably possible in each period, shall make its classification of employers for the period and notify each employer of the employer's rate of contributions for the period as determined pursuant to sections 383-63 to 383-69. The determination shall become conclusive and binding upon the employer unless the employer appeals the determination by filing a written notice of appeal within fifteen days after the mailing of notice of the determination to the employer's last known address. The appeal shall be heard by the referee in accordance with applicable provisions of sections 383-38 and 383-39 but no employer shall have standing, in any proceeding involving the employer's rate of contributions or contribution liability, to contest the chargeability to the employer's account of any benefits paid in accordance with a determination, redetermination, or decision pursuant to sections 383-31 to 383-43; provided that the services on the basis of which the benefits were found to be chargeable did not constitute services performed in employment for the employer and only if the employer was not a party to the determination, redetermination, or decision, or to any other proceedings under this chapter in which the character of the services was determined. The referee's determination shall become final unless a proceeding for judicial review in the manner provided in chapter 91 is commenced in the circuit court of the judicial circuit in which the employer resides or has the employer's principal place of business or in the circuit court of the first judicial circuit. An appeal may be taken from the decision of the circuit court to the intermediate appellate court, subject to chapter 602. Notwithstanding any other provision of this chapter, the director shall for calendar years 2021 and 2022 modify the annual computation to omit benefits charged for all employers to address the disruptions caused by the COVID-19 pandemic.
Haw. Rev. Stat. § 393-20 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-20
Adjustment of employer-sponsored plans.
Status: in_force

Where employees subject to the coverage of this chapter are included in the coverage provisions of an employer-sponsored prepaid health care plan covering similar employees employed outside the State and the majority of such employees are not subject to this chapter, the benefits applicable to the employees covered by this chapter shall be adjusted within one year after the effective date of this chapter so as to meet the requirements of this chapter.
Haw. Rev. Stat. § 377-8 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-8
Unfair labor practices of any person.
Status: in_force

It shall be an unfair labor practice for any person to do or cause to be done, on behalf or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by sections 377-6 and 377-7.
Haw. Rev. Stat. § 386A-2 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-2
Fund's establishment.
Status: in_force

(a) There is established a workers' compensation state insurance fund to be known as the "Hawaii state compensation mutual insurance fund".

(b) The fund shall not be an agency of the State. The fund shall be a nonprofit independent mutual insurance corporation under the control of a board of directors. The fund shall pay taxes and license fees like other insurance carriers.

(c) The fund's assets shall consist of real and personal property and shall include all premiums and other money paid to the fund, and all property and other income acquired, earned, or otherwise gained by the use of premiums and other money paid to the fund, by deposits, investments, exchanges, and other transactions. The fund's assets shall be the sole property of the fund and shall be used exclusively by the fund for the operation and obligations of the fund.

(d) Except for a state loan at its inception, the fund shall be self-supporting. The fund shall repay the State for the loan with interest within ten years.

(e) The fund's principal office shall be in Honolulu, Hawaii. The board may establish branch offices in other locations. [L 1985, c 296, pt of §11; am L 1989, c 277, §3]
Haw. Rev. Stat. § 387-4 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-4
Wage discrimination prohibited.
Status: in_force

No employer shall discriminate in any way in the payment of wages as between persons of different races or religions or as between the sexes; provided that nothing herein shall prohibit a variation of rates of pay for employees engaged in the same classification of work based upon a difference in seniority, length of service, substantial difference in duties or services performed, difference in the shift or time of day worked, or hours of work; and provided that an employer who is paying a wage rate differential in violation of this section shall not, in order to comply with this section, reduce the wage rate of any employee.
Haw. Rev. Stat. § 392-63 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-63
Disbursements from the fund.
Status: in_force

Expenditures of moneys in the trust fund for disability benefits shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All benefits shall be paid from the fund upon warrants drawn upon the director of finance by the comptroller of the State supported by vouchers approved by the director.
Haw. Rev. Stat. § 383-122 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-122
Accounts and deposit.
Status: in_force

The director of finance shall maintain within the fund three separate accounts:

(1) A clearing account;

(2) An unemployment trust fund account;

(3) A benefit account.

All moneys payable to the fund, upon receipt thereof by the director of finance, shall be immediately deposited in the clearing account. The director of finance of the State shall be the treasurer and custodian of the fund and shall administer the fund in accordance with directions of the department of labor and industrial relations.

All moneys in the clearing account after clearance thereof shall, except as herein otherwise provided, be deposited immediately with the Secretary of the Treasury of the United States to the credit of the account of this State in the unemployment trust fund, established and maintained pursuant to section 904 of the Social Security Act, as amended, any provisions of law in this State relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this State to the contrary notwithstanding. Refunds of contributions payable pursuant to section 383-76 and section [383-7(a)(6)] may be paid from the clearing account or the benefit account. The benefit account shall consist of all moneys requisitioned from the State's account in the unemployment trust fund in the United States treasury. Except as herein otherwise provided, moneys in the clearing and benefit accounts may be deposited in any depositary bank in which general funds of the State may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. Moneys in the clearing and benefit accounts shall not be commingled with other state funds, but shall be maintained in separate accounts on the books of the depositary bank. The money shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of this State; and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the State. The director of finance shall be liable on the director's official bond for the faithful performance of the director's duties in connection with the unemployment compensation fund provided for under this chapter. The liability on the official bond shall be effective immediately upon the enactment of this provision. All sums recovered on such surety bond for losses sustained by the unemployment compensation fund shall be deposited in the fund. [L 1939, c 219, §9(b); am L 1941, c 304, §1, subs 29; RL 1945, §4264; RL 1955, §93-121; am L Sp 1959 2d, c 1, §§14, 27; am L 1963, c 114, §1; HRS §383-122; gen ch 1985; am L 1987, c 119, §6]
Haw. Rev. Stat. § 397-7 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-7
Complaints to the department.
Status: in_force

(a) Complaints may be made to the department and where reasonable grounds exist for the department to believe there may be a hazard, there shall be an inspection in response to the complaint.

(b) Names of all complainants and witnesses shall be held in confidence by the department unless prior permission has been given by the complainant or witness to release the complainant's or witness' name or unless it has been determined by the attorney general that disclosure is necessary for enforcement and review of this chapter. [L 1980, c 19, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 390-3 — HI Code / Division 1 / Title 21 / Chapter 390 / Section 390-3
Certificates of employment and age.
Status: in_force

(a) Certificates of employment and age shall be issued by persons appointed by the director in the form and under conditions prescribed by the director.

(b) A person designated to issue certificates of employment may refuse to issue a certificate if in the person's judgment the nature of the employment or the place thereof is such as to injuriously affect the health, safety or well-being of the minor or contribute toward the minor's delinquency.

(c) Every employer receiving a certificate of employment shall return the certificate to the department immediately after termination of the employment showing thereon the date of termination.

(d) The department may destroy or dispose of any certificate of employment on file which was issued on behalf of a minor who has attained the age of eighteen years and any application for a certificate of employment or age which was filed with the department more than five years prior to the destruction or disposition. [L 1969, c 162, pt of §2; gen ch 1985]
Haw. Rev. Stat. § 386-195 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-195
Certificate of approval; termination.
Status: in_force

(a) The certificate of approval issued by the insurance commissioner to a workers' compensation self-insurance group authorizes the group to provide workers' compensation benefits. The certificate of approval shall remain in effect until terminated at the request of the group or revoked by the insurance commissioner pursuant to section 386-211.

(b) The insurance commissioner shall not grant the request of any group to terminate its certificate of approval unless the group has insured or reinsured all incurred workers' compensation obligations with an authorized insurer under an agreement filed with and approved in writing by the insurance commissioner. The obligations shall include both known claims and expenses associated therewith and claims incurred, but not reported, and expenses associated therewith.

(c) Subject to the approval of the insurance commissioner, a group may merge with another group engaged in the same or similar type of business only if the resulting group assumes in full all obligations of the merging groups. The insurance commissioner may hold a hearing on the merger and shall do so if any party, including a member of either group, so requests. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 371-6 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-6
Powers respecting oaths, subpoenas, etc.
Status: in_force

§371-6 Powers respecting oaths, subpoenas, etc.; witness fees, expenses, immunities. In all hearings or investigations conducted by the director of labor and industrial relations, or any of the director's duly authorized subordinates, including a hearings officer appointed by the appeal board under section 371-4, or the appeal board, with respect to any matters cognizable by any of them, each of the officers, and each member of the board, shall have the same powers respecting the administering of oaths, compelling the attendance of witnesses, the production of documentary evidence, and examining or causing to be examined witnesses, as are possessed by a circuit court and may take depositions and certify to official acts. The circuit court of any circuit upon application by any of them shall have power to enforce by proper proceedings the attendance and testimony of any witness so subpoenaed. Subpoena and witness fees and mileage in such cases shall be the same as in criminal cases in the circuit courts. Necessary expenses of or in connection with any such hearings or investigations shall be payable from the funds appropriated for expenses of administration for the department of labor and industrial relations.

No person shall be excused from attending or testifying or producing material, books, papers, correspondence, memoranda, and other records, before the director, the director's duly authorized subordinate, including a hearings officer appointed by the appeal board under section 371-4, or the appeal board, or in obedience to the subpoena of any of them, in any cause or proceeding before them, on the grounds that the testimony and evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after having claimed the individual's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individuals so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. [L 1939, c 237, §1(8); RL 1945, §4111; RL 1955, §88-12; am L Sp 1959 2d, c 1, §27; HRS §371-6; am L 1973, c 31, pt of §21; gen ch 1985; am L 2009, c 3, §3]
Haw. Rev. Stat. § 373L-4 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-4
[ §373L-4] Exemptions.
Status: in_force

[ §373L-4] Exemptions. A person who engages only in the following activities shall not be deemed a professional employer organization for purposes of this chapter and shall be exempt from the requirements of this chapter:

(1) Arrangements wherein a person, whose principal business activity is not entering into professional employer arrangements and who does not hold the person's self out as a professional employer organization, shares employees with a commonly-owned company within the meaning of [section] 414(b) and (c) of the Internal Revenue Code;

(2) Independent contractor arrangements by which a person assumes responsibility for the product produced or service performed by the person or the person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under those arrangements; or

(3) The providing of temporary help services. [L 2010, c 129, pt of §1]
Haw. Rev. Stat. § 388-10 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-10
Penalties.
Status: in_force

(a) Civil. Any employer who fails to pay wages in accordance with this chapter without equitable justification or violates this chapter or the administrative rules adopted under this chapter shall be liable:

(1) To the employee, in addition to the wages legally proven to be due, for a sum equal to the amount of unpaid wages and interest at a rate of six per cent per year from the date that the wages were due; and

(2) For a penalty of not less than $500 or $100 for each violation, whichever is greater. The penalty shall be deposited into the labor law enforcement special fund.

(b) Criminal.

(1) Any employer who does not pay the wages of any of the employer's employees in accordance with this chapter, or any officer of any corporation who knowingly permits the corporation to violate this chapter by failing to pay wages of any of its employees in accordance with this chapter shall be guilty of a class C felony and, notwithstanding section 706-640, be subject to a fine of not less than $500 per offense. Each violation shall be deemed a separate offense.

(2) Any employer or the employer's agent or any officer or agent of a corporation who discharges or in any other manner discriminates against any employee because the employee has made a complaint to the employee's employer, or to the director, or to any other person that the employee has not been paid wages in accordance with this chapter, or has instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, or any employer who wilfully fails to comply with any other requirements of this chapter shall be fined not less than $100 nor more than $10,000 or imprisoned for not more than one year, or punished by both fine and imprisonment for each such offense. [L 1963, c 158, pt of §3; am L 1965, c 77, §1(b); Supp, §95-9; HRS §388-10; am L 1977, c 89, §1; gen ch 1985; am L 1994, c 84, §1; am L 1999, c 22, §1; am L 2017, c 135, §3; am L 2018, c 187, §2; am L 2022, c 300, §3]
Haw. Rev. Stat. § 397-9 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-9
Review and appeal.
Status: in_force

Any order of the director shall be final and conclusive against the owner, user, vendor, or contractor unless the owner, user, vendor, or contractor files with the director a written notice of contest of the order, the abatement period stated in the order, or the penalty stated in the order within twenty days after receipt of such order.

The owner, user, vendor, or contractor may petition the director for modification of the abatement requirements in an order. The owner, user, vendor, or contractor shall file said petition no later than the close of the next business day following the date on which abatement is required or under exceptional circumstances and for good cause shown at a later date. The petition for modification may be filed after the twenty-day period for contesting the order has expired where the initial abatement period stated in the order expires after the twenty-day period for filing a notice of contest has run.

The director shall issue an order either affirming or modifying the abatement requirement. The director may issue an order modifying the abatement requirement upon a showing by the owner, user, vendor, or contractor of a good faith effort to comply with the abatement requirements of an order and that abatement has not been completed because of factors beyond the owner's, user's, vendor's, or contractor's reasonable control.

The director shall advise the appeals board of a notice of contest upon receiving any such notice.

The appeals board shall afford an opportunity for a hearing on any notice of contest. Such hearings before the appeals board shall be de novo except where rules and regulations require a prior formal hearing at the department level, the proceedings of which are required to be transcribed, in which case review before the appeals board shall be confined to the record only.

The appeals board may affirm, modify, or vacate the order or continue the matter upon such terms and conditions as may be deemed necessary, or remand the case to the director with instructions for further proceedings or direct such other relief as may be appropriate. [L 1980, c 19, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 386-8 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-8
Liability of third person.
Status: in_force

(a) When a work injury for which compensation is payable under this chapter has been sustained under circumstances creating in some person other than the employer or another employee of the employer acting in the course of employment a legal liability to pay damages on account thereof, the injured employee or the injured employee's dependents (hereinafter referred to collectively as "the employee") may claim compensation under this chapter and recover damages from that third person.

(b) If the employee commences an action against a third person, the employee shall without delay give the employer written notice of the action and the name and location of the court in which the action is brought by personal service or registered mail. The employer, at any time before trial on the facts, may join as party plaintiff.

(c) If within nine months after the date of the personal injury the employee has not commenced an action against a third person, the employer, having paid or being liable for compensation under this chapter, shall be subrogated to the rights of the injured employee. Except as limited by chapter 657, the employee may at any time commence an action or join in any action commenced by the employer against a third person.

(d) No release or settlement of any claim or action under this section is valid without the written consent of both employer and employee. The entire amount of the settlement after deductions for attorney's fees and costs as provided in this section is subject to the employer's right of reimbursement for the employer's compensation payments under this chapter and the employer's expenses and costs of action.

(e) If the action is prosecuted by the employer alone, the employer shall be entitled to be paid from the proceeds received as a result of any judgment for damages, or settlement in case the action is compromised before judgment, the reasonable litigation expenses incurred in preparation and prosecution of the action, together with a reasonable attorney's fee, which shall be based solely upon the services rendered by the employer's attorney in effecting recovery both for the benefit of the employer and the employee. After the payment of the expenses and attorney's fee, the employer shall apply out of the amount of the judgment or settlement proceeds an amount sufficient to reimburse the employer for the amount of the employer's expenditure for compensation and shall pay any excess to the injured employee or other person entitled thereto.

(f) If the action is prosecuted by the employee alone, the employee shall be entitled to apply out of the amount of the judgment for damages, or settlement in case the action is compromised before judgment, the reasonable litigation expenses incurred in preparation and prosecution of the action, together with a reasonable attorney's fee, which shall be based solely upon the services rendered by the employee's attorney in effecting recovery both for the benefit of the employee and the employer. After the payment of the expenses and attorney's fee, there shall be applied out of the amount of the judgment or settlement proceeds, the amount of the employer's expenditure for compensation, less the employer's share of the expenses and attorney's fee. On application of the employer, the court shall allow as a first lien against the amount of the judgment for damages or settlement proceeds, the amount of the employer's expenditure for compensation, less the employer's share of the expenses and attorney's fee.

(g) If the action is prosecuted both by the employee and the employer, in a single action or in consolidated actions, and they are represented by the same agreed attorney or by separate attorneys, there shall first be paid from any judgment for damages recovered, or settlement proceeds in case the action or actions are settled before judgment, the reasonable litigation expenses incurred in preparation and prosecution of the action or actions, together with reasonable attorney's fees based solely on the services rendered for the benefit of both parties where they are represented by the same attorney, and where they are represented by separate attorneys, based solely upon the service rendered in each instance by the attorney in effecting recovery for the benefit of the party represented. After the payment of the expenses and attorneys' fees, there shall be applied out of the amount of the judgment for damages, or settlement proceeds an amount sufficient to reimburse the employer for the amount of the employer's expenditure for compensation and any excess shall be paid to the injured employee or other person entitled thereto.

(h) If the parties are unable to agree upon the amount of reasonable litigation expenses and the amount of attorneys' fees under this section, the expenses and attorneys' fees shall be fixed by the court.

(i) After reimbursement for the employer's compensation payments, the employer shall be relieved from the obligation to make further compensation payments to the employee under this chapter up to the entire amount of the balance of the settlement or the judgment, if satisfied, as the case may be, after deducting the cost and expenses, including attorneys' fees.

(j) The amount of compensation paid by the employer or the amount of compensation to which the injured employee is entitled shall not be admissible in evidence in any action brought to recover damages.

(k) Another employee of the same employer shall not be relieved of that employee's liability as a third party, if the personal injury is caused by that employee's wilful and wanton misconduct.

(l) If the special compensation fund has paid or is liable for any compensation under this chapter, the fund shall be entitled to all the rights and remedies granted an employer under this section; provided that the employer's right to reimbursement for compensation payments and expenses under this chapter shall have priority. [L 1963, c 116, pt of §1; Supp, §97-8; am L 1967, c 53, §1; HRS §386-8; am L 1969, c 13, §1; am L 1970, c 58, §1; am L 1973, c 144, §1; am L 2016, c 55, §11]
Haw. Rev. Stat. § 383-108 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-108
Cooperation with states, etc.
Status: in_force

(a) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this State and such other states and the appropriate federal agencies in exchanging services, and making available facilities and information. The department of labor and industrial relations may therefore make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as it deems necessary or appropriate to facilitate the administration of any such unemployment compensation or public employment service law, and, in like manner, accept and utilize information, services, and facilities made available to this State by the agency charged with the administration of any such other unemployment compensation of public employment service law.

(b) The courts of this State shall recognize and enforce liabilities for unemployment contributions, interest, and penalties imposed by other states which extend a like comity to this State.

(c) The officials of any state which extend a like comity to this State may bring action in the courts of this State to collect unemployment contributions, interest, and penalties due the state. The certificate of the secretary of the state, or of the nearest equivalent official, that the officials are authorized to collect the contributions, penalties, and interest shall be conclusive evidence of the authority.

(d) The attorney general may commence action in any other state by and in the name of the department to collect contributions, interest, and penalties legally due this State.

(e) The attorney general may commence action in this State as agent for and on behalf of any other state which extends a like comity to this State to enforce judgments and liabilities for unemployment contributions, interest, and penalties due the state.

(f) If the agency which administers the employment security law of another state has overpaid unemployment benefits to an individual located in Hawaii and certifies to the department that the individual is liable under its law to repay the benefits and requests the department to recover the overpayment, the attorney general may commence action in the courts of this State to recover the overpayment as agent for and on behalf of the other state. The courts of this State shall entertain the action to collect the overpayment. [L 1941, c 304, §1, pt of subs 37; RL 1945, §4296; RL 1955, §93-107; am L Sp 1959 2d, c 1, §27; am L 1967, c 15, §1; HRS §383-108]
Haw. Rev. Stat. § 386-91 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-91
Enforcement of decisions awarding compensation; judgment rendered thereon.
Status: in_force

(a) Any party in interest or the director may file in the circuit court in the jurisdiction in which the injury occurred, a certified copy of:

(1) A decision of the director assessing penalties, or awarding compensation or other relief, including attorneys fees, from which no appeal has been taken within the time allowed therefor;

(2) A decision of the director assessing penalties, or awarding compensation or other relief, including attorneys fees, from which decision an appeal has been taken but as to which no order has been made by the director or the appellate board or the court that the appeal therefrom shall operate as a supersedeas or stay;

(3) A decision of the appellate board assessing penalties, or awarding compensation or other relief, including attorneys fees, from which no appeal has been taken within the time allowed therefor; or

(4) A decision of the appellate board assessing penalties, or awarding compensation or other relief, including attorneys fees, from which an appeal has been taken but as to which no order has been made by the appellate board or the court that the appeal therefrom shall operate as a supersedeas or stay.

The court shall render a judgment in accordance with the decision and notify the parties thereof. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court, except that there shall be no appeal therefrom.

(b) In all cases where an appeal from the decision concerned has been taken within the time provided therefor, but where no order has been made by the director or the appellate board or the court that the appeal shall operate as a supersedeas or stay, the decree or judgment of the circuit court shall provide that the decree or judgment shall become void if the decision or award of the director or appellate board, as the case may be, is finally set aside.

(c) In addition to the enforcement remedies set forth in subsection (a) above, the director or employee as part of the proceedings set out therein may ask the court to fine the employer from one per cent to five per cent of the judgment, which fine shall be payable to the employee:

(1) When the employer does not take an appeal from the decision of the director within the time allowed therefor and does not commence making payments within ten days after such appeal period has expired;

(2) When the employer does take an appeal from the decision of the director within the time allowed therefor and the employer does not request from the appellate board a supersedeas or stay of the decision and the employer does not commence making payments within ten days after such appeal period has expired; or

(3) When the employer does take an appeal from the decision of the director within the time allowed therefor and the appellate board denies the employer's request for supersedeas or stay and the employer does not commence making payments within ten days after such a denial by the appellate board.

(d) In addition to the enforcement remedies set forth in subsection (a) above, the employer as part of the proceedings set out therein may ask the court to fine the employee from one per cent to five per cent of the judgment, which fine shall be payable to the employer:

(1) When the employee does not take an appeal from the decision of the director within the time allowed therefor and does not commence making payments within thirty days after such appeal period has expired;

(2) When the employee does take an appeal from the decision of the director within the time allowed therefor and the employee does not request from the appellate board a supersedeas or stay of the decision and the employee does not commence making payments within thirty days after such appeal period has expired; or

(3) When the employee does take an appeal from the decision of the director within the time allowed therefor and the appellate board denies the employee's request for supersedeas or stay and the employee does not commence making payments within thirty days after such a denial by the appellate board. [L 1963, c 116, pt of §1; Supp, §97-100; HRS §386-91; am L 1972, c 3, §1; am L 1979, c 66, §3; am L 1993, c 255, §1]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (c)(1), "or" deleted and punctuation changed;

(2) Subsection (c)(2), punctuation changed;

(3) Subsection (d)(1), "or" deleted and punctuation changed; and

(4) Subsection (d)(2), punctuation changed.
Haw. Rev. Stat. § 377-13 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-13
Public records and proceedings.
Status: in_force

The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the public.
Haw. Rev. Stat. § 387-15 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-15
Relation to child labor law.
Status: in_force

Nothing in this chapter shall in any way repeal or affect the validity of chapter 390. [L Sp 1941, c 66, §15; RL 1945, §4366; RL 1955, §94-16; HRS §387-15; am L 1980, c 232, §22]
Haw. Rev. Stat. § 382-9 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-9
Rules and regulations.
Status: in_force

For the purpose of carrying out sections 382-3 to 382-5, the governor may prescribe rules and regulations. Chapter 91 shall not be applicable to such rules and regulations.
Haw. Rev. Stat. § 392-6 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-6
Individual in current employment.
Status: in_force

"Individual in current employment" means:

(1) An individual who performed regular service in employment immediately or not longer than two weeks prior to the onset of the sickness or to the accident causing disability and who would have continued in or resumed employment except for such disability.

(2) An individual who performed regular service in employment immediately or not longer than two weeks prior to becoming totally disabled from performing the duties of her employment because of pregnancy or termination of pregnancy and who would have continued in or resumed such employment except for such disability. [L 1969, c 148, pt of §1; am L 1973, c 61, §2]
Haw. Rev. Stat. § 392-65 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-65
Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits.
Status: in_force

Temporary disability benefits shall be paid from the trust fund for disability benefits to individuals who become disabled when unemployed and who subsequently become ineligible for benefits under chapter 383. Benefits shall also be paid from this fund to an employee who is entitled to receive temporary disability benefits but cannot receive such benefits because of the bankruptcy of the employee's employer or because the employee's employer is not in compliance with this chapter. Benefits paid from the trust fund to such employee may be recovered from the employee's bankrupt or noncomplying employer. The director shall institute administrative and legal actions, as provided in section 392-47, to effect recovery of such benefits.
Haw. Rev. Stat. § 392-44 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-44
Payment of disability benefits.
Status: in_force

Benefits provided under this chapter shall be paid periodically and promptly and, except as to a contested period of disability, without any decision by the director. The first payment of benefits shall be paid within ten days, exclusive of Saturdays, Sundays and holidays, after the filing of required proof of claim. Thereafter, benefits shall be due and payable every two weeks. The director may determine that benefits may be paid monthly or semi-monthly if wages were so paid, and may authorize deviation from the foregoing requirements to facilitate prompt payment of benefits. If an employer or insurer fails to make the first payment of benefits within ten days, exclusive of Saturdays, Sundays and holidays, after the filing of required proof of claim, the director shall, unless good cause can be shown, require the employer or insurer to pay such benefits plus an additional ten per cent of the benefits due and payable to the employee.
Haw. Rev. Stat. § 373-14 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-14
Revocation, suspension, and fines.
Status: in_force

In addition to any other actions authorized by law, after affording all interested parties reasonable opportunity for a fair hearing, the director may revoke or suspend any license, or impose a fine not to exceed $1,000 per violation, for cause. In addition to any other grounds for disciplinary action authorized by law, "cause" means violation of this chapter or a rule of the director.
Haw. Rev. Stat. § 377-10 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-10
Financial reports to employees.
Status: in_force

Every person acting as the representative of employees for collective bargaining shall keep an adequate record of the person's financial transactions and shall present annually, to such employees as may be members of the association with which the representative is connected, within sixty days after the end of the person's fiscal year a detailed written financial report thereof in the form of a balance sheet and an operating statement. In the event of failure of compliance with this section, any such employee may petition the board for an order compelling such compliance. An order of the board on such petition shall be enforceable in the same manner as other orders of the board under this chapter.
Haw. Rev. Stat. § 398-27 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-27
Notice of right to sue and employee remedies.
Status: in_force

(a) The department may issue a notice of right to sue. Within ninety days after the receipt of a notice of right to sue, the complainant may bring a civil action under this chapter. The department may intervene in a civil action brought pursuant to this chapter if the case is of general importance.

(b) An action by an employee to enforce the provisions of this chapter may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to maintain the action.

(c) The court in any action brought under this section, in addition to any judgment awarded to the plaintiff or plaintiffs, shall allow costs of action, including costs of fees of any nature, and reasonable attorney's fees, to be paid by the defendant.

(d) The court also may provide injunctive relief in appropriate circumstances. [L 1995, c 154, pt of §3]
Haw. Rev. Stat. § 378-2.4 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-2.4
Employer inquiries into and consideration of salary or wage history.
Status: in_force

(a) No employer, employment agency, or employee or agent thereof shall:

(1) Inquire about the salary history of an applicant for employment; or

(2) Rely on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract.

(b) Notwithstanding subsection (a), an employer, employment agency, or employee or agent thereof, without inquiring about salary history, may engage in discussions with an applicant for employment about the applicant's expectations with respect to salary, benefits, and other compensation; provided that if an applicant voluntarily and without prompting discloses salary history to an employer, employment agency, or employee or agent thereof, the employer, employment agency, or employee or agent thereof, may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history.

(c) This section shall not apply to:

(1) Applicants for internal transfer or promotion with their current employer;

(2) Any attempt by an employer, employment agency, or employee or agent thereof, to verify an applicant's disclosure of non-salary related information or conduct a background check; provided that if a verification or background check discloses the applicant's salary history, that disclosure shall not be relied upon during the hiring process for purposes of determining the salary, benefits, or other compensation of the applicant, including the negotiation of an employment contract; and

(3) Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.

(d) For purposes of this section:

"Inquire" means to:

(1) Communicate any question or statement to an applicant for employment, an applicant's current or prior employer, or a current or former employee or agent of the applicant's current or prior employer, in writing, verbally, or otherwise, for the purpose of obtaining an applicant's salary history; or

(2) Conduct a search of publicly available records or reports for the purpose of obtaining an applicant's salary history;

provided that this shall not include informing an applicant, in writing or otherwise, about the proposed or anticipated salary or salary range for the position.

"Salary history" includes an applicant for employment's current or prior wage, benefits, or other compensation, but shall not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. [L 2018, c 108, §2]
Haw. Rev. Stat. § 378-65 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-65
Penalties for violations.
Status: in_force

(a) A person or public employer who violates this part shall be fined no less than $750 nor more than $7,500 for each violation.

(b) A civil fine that is ordered pursuant to this part shall be deposited with the director of finance to the credit of the general fund of the State. [L 1987, c 267, pt of §1; am L 2002, c 56, §4; am L 2011, c 166, §7; am L 2020, c 44, §3]
Haw. Rev. Stat. § 392-46 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-46
Subrogation rights against third parties.
Status: in_force

If any individual who has received benefits under this chapter is entitled to recover damages from a third person who is responsible for the sickness or accident causing the disability, the employer, the association of employers, the insurer, or the trust fund for disability benefits, providing disability benefits shall be subrogated to, and have a lien upon, the rights of the individual against the third party to the extent that the damages include wage loss during the period of disability for which temporary disability benefits were received in the amount of such benefits.

If the individual commences an action against such third party, the individual shall notify the individual's employer, or the director if the individual is unemployed, of the action and the court in which it is pending. The employer, the association of employers, the insurer, or the trust fund for disability benefits, providing disability benefits may join as party plaintiff or claim a lien on the amount of any judgment recovered by the individual in such action to the extent of its subrogation rights. If the individual does not commence the action within nine months after the commencement of the sickness or the date of the accident causing the disability, the employer, the association of employers, the insurer, or the trust fund for disability benefits, providing temporary disability benefits may commence such action, but the individual shall be entitled to join the action and be entitled to any surplus over the amount to which the employers, the association of employers, the insurer, or the trust fund for disability benefits is subrogated. [L 1969, c 148, pt of §1; gen ch 1985; am L 2013, c 100, §8]
Haw. Rev. Stat. § 386-28 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-28
Opioid therapy; qualifying injured employees; informed consent process.
Status: in_force

(a) Beginning on July 1, 2019, any health care provider authorized to prescribe opioids shall adopt and maintain a written policy or policies that include execution of a written agreement to engage in an informed consent process between the health care provider authorized to prescribe opioids and a qualifying injured employee.

(b) If the qualifying injured employee is unable to physically or mentally execute the written agreement pursuant to subsection (a), due to the injury, then the physician shall execute the agreement as soon as the employee's condition improves. At no time shall the employee be responsible for the payment of the medication prescribed.

(c) The department shall make available on its website a copy of the template for an opioid therapy informed consent process agreement developed by the department of health pursuant to section 329-38.5(b). The template shall be posted to the department's website no later than December 31, 2018.

(d) For the purposes of this section, "qualifying injured employee" means:

(1) An injured employee requiring opioid treatment for more than three months;

(2) An injured employee who is prescribed benzodiazepines and opioids together; or

(3) An injured employee who is prescribed a dose of opioids that exceeds ninety morphine equivalent doses.

(e) A violation of this section shall not be subject to the penalty provisions of part IV of chapter 329. [L 2018, c 155, pt of §2]
Haw. Rev. Stat. § 383-129 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-129
Employment and training assessment.
Status: in_force

(a) In addition to contributions determined by section 383-68, every employer, except an employer who has selected an alternative method of financing liability for unemployment compensation benefits pursuant to section 383-62, or an employer who has been assigned a minimum rate of zero per cent or the maximum rate of the applicable schedule in accordance with section 383-68, shall be subject to an employment and training fund assessment at a rate of .01 per cent of taxable wages as specified in section 383-61.

(b) Collections from the employment and training assessment shall be made in the same manner and at the same time as any contributions required under section 383-61, and shall not be deducted, in whole or in part, from the wages of individuals in an employer's employ.

(c) Any assessments collected pursuant to this section shall remain separate and shall not be included in any manner in computing unemployment contribution rates assigned to employers in accordance with sections 383-63 to 383-68.

(d) The director may impose penalty and interest on delinquent employment and training assessments in the same manner as provided for contributions to the unemployment compensation fund in section 383-73. For purposes of computation of penalty and interest under this subsection, employment and training assessments shall be considered part of the employer's contributions to the unemployment compensation fund.

(e) Collection of money from an employer delinquent in paying employment and training assessments, unemployment insurance technology assessments, or contributions to the unemployment compensation fund pursuant to this chapter shall first be applied to interest and penalty, then applied to delinquent unemployment compensation contributions, then to delinquent unemployment insurance technology assessments, and finally to delinquent employment and training assessments. [L 1991, c 68, pt of §2; am L 1996, c 223, §4; am L 1997, c 194, §2; am L 2000, c 197, §1; am L 2002, c 248, §2; am L 2011, c 2, §§3, 5; am L 2012, c 6, §§4, 7; am L 2013, c 102, §1; am L 2023, c 208, §2]
Haw. Rev. Stat. § 386-97 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-97
Inspections.
Status: in_force

The director of labor and industrial relations may inspect the plants and establishments of all employers in the State and the inspectors designated by the director shall have free access to such premises during regular working hours, and at other reasonable times.
Haw. Rev. Stat. § 373-15 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-15
§§373-15 to 373-18 REPEALED.
Status: repealed

§§373-15 to 373-18 REPEALED. L 1983, c 84, §1(6).
Haw. Rev. Stat. § 397-8 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-8
Violations and penalties.
Status: in_force

(a) The director shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the owner, user, contractor, or vendor and the history of previous violations.

(b) Any owner, user, contractor, or vendor who violates this chapter, or any safety standard promulgated hereunder or any rule issued under the authority of this chapter, or who violates or fails to comply with any order made under or by virtue of this chapter or under or by virtue of any rule of the department, or who defaces, displaces, destroys, damages, or removes without the authority of the department any safety device, safeguard, notice, order, or warning required by this chapter or by any rule of the department shall be assessed a civil penalty of not more than $10,000 for each such violation.

(c) Each day a violation continues shall constitute a separate violation except during an abatement period.

(d) Whoever knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both.

(e) Civil penalties owed under this chapter shall be paid to the department and deposited into the general fund. Civil penalties owed under this chapter may be recovered in a civil action in the name of the department and the State brought in the district or circuit court for the circuit where the violation is alleged to have occurred or where the owner, user, contractor, or vendor has the owner's, user's, contractor's, or vendor's principal office.

(f) Criminal offenses committed against any employee of the State acting within the scope of the employee's office, or employment, or authority under this chapter shall be subject to the penalties set forth in the Hawaii Penal Code provided that:

(1) Ten years shall be added to the maximum term of imprisonment (unless life imprisonment is imposed) and $10,000 shall be added to the maximum fine imposed for conviction under a class A felony.

(2) Five years shall be added to the maximum term of imprisonment and $5,000 shall be added to the maximum fine imposed for conviction under a class B felony.

(3) Three years shall be added to the maximum term of imprisonment and $1,000 shall be added to the maximum fine for conviction under a class C felony.

(4) One year shall be added to the maximum term of imprisonment and $500 shall be added to the maximum fine for conviction for a misdemeanor.

(5) The maximum term of imprisonment and maximum fines prescribed for misdemeanors under the Hawaii Penal Code shall apply to convictions for a petty misdemeanor. [L 1980, c 19, pt of §1; gen ch 1985; am L 1999, c 229, §2; am L 2012, c 103, §3]
Haw. Rev. Stat. § 398-1.5 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-1.5
Posting of notices.
Status: in_force

Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment.
Haw. Rev. Stat. § 398-26 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-26
Remedies.
Status: in_force

(a) In addition to all employment terms and benefits provided under section 398-7, remedies prescribed and ordered by the department or the court under this chapter may include any legal, equitable, and other relief the department or court deems appropriate.

(b) Relief under this section may include:

(1) The amount of any wages, salary, employment benefits, or other compensation denied or lost to the employee by reason of the violation; or

(2) In a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the employee, any actual monetary losses sustained by the employee as a direct result of the violation, such as the cost of providing care, up to a sum equal to four weeks of wages or salary for the employee.

(c) An employer may be liable for an additional amount as liquidated damages equal to the sum of the applicable amount in subsection (b)(1) and (2); provided that if an employer who has violated this chapter proves to the satisfaction of the department or the court that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the department or the court may reduce the amount of the liability to the applicable amount determined under subsection (b)(1) or (2). [L 1995, c 154, pt of §3]
Haw. Rev. Stat. § 380-2 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-2
Statement of public policy.
Status: in_force

In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the State, as such jurisdiction and authority are defined and limited in this chapter, the public policy of the State is declared as follows:

Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect the worker's freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though the worker should be free to decline to associate with the worker's fellows, it is necessary that the worker have full freedom of association, self-organization, and designation of representatives of the worker's own choosing, to negotiate the terms and conditions of the worker's employment, and that the worker shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of and limitations upon the jurisdiction and authority of the courts of the State are enacted. [L 1963, c 200, §2; Supp, §90B-2; HRS §380-2; gen ch 1985]
Haw. Rev. Stat. § 383-92.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-92.5
Worker profiling.
Status: in_force

The department shall establish and utilize a system of profiling all new claimants for regular compensation in compliance with section 4 of the Unemployment Compensation Amendments of 1993 (P.L. 103-152) that:

(1) Identifies which claimants will be likely to exhaust regular compensation and will need job search assistance services to make a successful transition to new employment;

(2) Refers claimants identified pursuant to paragraph (1) to reemployment services, such as job search assistance services, available under any state or federal law;

(3) Collects follow-up information relating to the services received by these claimants and the employment outcomes for these claimants subsequent to receiving the services, and utilizes this information in making identifications pursuant to paragraph (1); and

(4) Meets other requirements that the Secretary of Labor deems appropriate. [L 1994, c 112, §1]
Haw. Rev. Stat. § 386-4 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-4
Voluntary coverage.
Status: in_force

Any employer who has individuals in the employer's employment who are not employees as defined in section 386-1 may elect to provide coverage for them under this chapter. During the period for which the election is effective the employer and the individuals in the employer's employment covered thereby shall be deemed to be employees and be subject in all respects to this chapter.

Election by any employer to provide coverage under this chapter shall be made by securing compensation to the individuals in the employer's employment affected thereby in the manner provided in section 386-121 and giving the notice prescribed by section 386-122.

Every employer who elects to provide coverage under the terms of this section shall be bound by the election until January1 of the next succeeding year and for terms of one year thereafter. Any such employer may elect to discontinue the coverage for personal injuries occurring after the expiration of any such calendar year by filing notice of the election with the director of labor and industrial relations at least sixty days prior to the expiration of any such calendar year and at the same time posting notices to that effect conspicuously in such places of work that they can reasonably be expected to come to the attention of all individuals affected thereby. [L 1963, c 116, pt of §1; Supp, §97-4; HRS §386-4; gen ch 1985]
Haw. Rev. Stat. § 386-122 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-122
Notice of insurance.
Status: in_force

If the insurance so effected is under section 386-121(a)(1), the employer shall file with the director in a form prescribed by the director a notice of the employer's insurance together with a statement of benefits provided by the policy of insurance. The director may also accept the notice of employer's insurance from approved third party agencies in a manner and form approved by the director.
Haw. Rev. Stat. § 383-2 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-2
Definition of employment.
Status: in_force

(a) As used in this chapter, unless the context clearly requires otherwise, "employment", subject to sections 383-3 to 383-9, means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied.

(b) "Employment" includes, but is not limited to, any service performed prior to January1, 1978, which was employment as defined in this section prior to such date and, subject to the other provisions of this section, service performed after December31, 1977, by an employee as defined in section 3306(i) and (o) of the federal Unemployment Tax Act, including service in interstate commerce.

(c) The term "employment" shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada or the Virgin Islands as provided in paragraph (5) of this subsection), after December31, 1971, in the employ of an American employer or of this State or of any of its instrumentalities or of any of its political subdivisions (other than service which is deemed employment under the provisions of section 383-3 or the parallel provisions of another state's law) if:

(1) The employer's principal place of business in the United States is located in this State;

(2) The employer has no place of business in the United States, but[:]

(A) The employer is an individual who is a resident of this State;

(B) The employer is a corporation which is organized under the laws of this State; or

(C) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this State is greater than the number who are residents of any one other state; or

(3) None of the criteria of paragraphs (1) and (2) of this subsection is met but the employer has elected coverage in this State or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service under the law of this State.

(4) An "American employer", for purposes of this subsection, means a person who is:

(A) An individual who is a resident of the United States;

(B) A partnership if two-thirds or more of the partners are residents of the United States;

(C) A trust, if all of the trustees are residents of the United States; or

(D) A corporation organized under the laws of the United States or of any state.

(5) As used in this subsection, the term "United States" includes the states, the District of Columbia, and the Commonwealth of Puerto Rico; and, after December31 of the year in which the Secretary of Labor approves for the first time an unemployment insurance law of the Virgin Islands submitted to the Secretary of Labor for approval, the term "United States" shall also include the Virgin Islands.

(d) The term "employment" shall include an individual's service, wherever performed within the United States, the Virgin Islands, or Canada, if:

(1) The service is not covered under the unemployment compensation law of any other state, the Virgin Islands, or Canada; and

(2) The place from which the service is directed or controlled is in this State.

(e) "Employment" includes service performed by an individual in agricultural labor as defined in section 383-9 except for service excluded under section 383-7(a)(1).

(1) For the purposes of this section, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be treated as an employee of the crew leader:

(A) If the crew leader holds a valid certificate of registration under the Farm Labor Contractor Registration Act of 1963; or substantially all the members of the crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment, which is provided by the crew leader; and

(B) If the employee is not an employee of the other person within the meaning of subsection (b).

(2) For the purposes of this subsection, in the case of any individual who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of the crew leader under paragraph (1):

(A) The other person and not the crew leader shall be treated as the employer of the individual; and

(B) The other person shall be treated as having paid cash remuneration to the individual in an amount equal to the amount of cash remuneration paid to the individual by the crew leader (either on the crew leader's own behalf or on behalf of the other person) for the service in agricultural labor performed for the other person.

(3) For the purposes of this subsection, the term "crew leader" means an individual who:

(A) Furnishes individuals to perform service in agricultural labor for any other person;

(B) Pays (either on the crew leader's own behalf or on behalf of the other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and

(C) Has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person. [L 1939, c 219, §2(k)(1); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4203; RL 1955, §93-2; HRS §383-2; am L 1971, c 187, §1; am L 1977, c 148, §1; gen ch 1985; am L 2015, c 35, §12]

Revision Note

In subsection (c)(1), (2)(A), and (4)(A) and (B), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 386-57 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-57
Legal status of right to compensation and compensation payments.
Status: in_force

(a) The right to compensation under this chapter shall not be assignable, and the right to compensation and compensation payments received shall be exempt from the reach of creditors.

(b) The right to compensation under this chapter shall have the same status as a lien or the same priority for the whole thereof with respect to the assets of the employer as are accorded by law to any unpaid wages for labor. [L 1963, c 116, pt of §1; Supp, §97-56; HRS §386-57]
Haw. Rev. Stat. § 373-19 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-19
Powers and duties.
Status: in_force

In addition to any other powers and duties authorized by law, the director may adopt, amend, or repeal such rules as the director may deem proper to fully effectuate this chapter and may delegate to the executive officer or other designee any powers or duties the director deems reasonable and proper.
Haw. Rev. Stat. § 392-64 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-64
Investment of moneys.
Status: in_force

With the approval of the department the director of finance may, from time to time, invest such moneys in the trust fund for disability benefits as are in excess of the amount deemed necessary for the payment of benefits for a reasonable future period. Such moneys may be invested in bonds of any political or municipal corporation or subdivision of the State, or any of the outstanding bonds of the State, or invested in bonds or interest-bearing notes or obligations of the State (including state director of finance's warrant notes issued pursuant to chapter 40), or of the United States, or those for which the faith and credit of the United States, are pledged for the payment of principal and interest, or in federal land bank bonds or joint stock farm loan bonds. The investments shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The director of finance shall dispose of securities or other properties belonging to the fund only under the direction of the director of labor and industrial relations.
Haw. Rev. Stat. § 386-3.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-3.5
Negotiation for benefit coverage.
Status: in_force

(a) Notwithstanding any provision of law to the contrary, any employer may determine the benefits and coverage of a policy required under this chapter through collective bargaining with an appropriate bargaining unit; provided that the bargained agreement shall be reviewed by the director to ensure that the agreement does not provide benefits and coverage less than those provided in this chapter. The director shall approve the agreement within ninety days after submittal upon a finding that the agreement provides the benefits and coverage required. This section shall not apply to collective bargaining contracts negotiated pursuant to chapter 89. The director may adopt rules pursuant to chapter 91 to implement this section.

(b) This section shall apply only to collective bargaining agreements negotiated subsequent to June 29, 1995. [L 1995, c 234, §1]

Revision Note

Section was enacted as an addition to part II, but was codified to this part pursuant to §23G-15.

"June 29, 1995" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 398-29 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-29
Penalty.
Status: in_force

Any employer who intentionally resists, prevents, impedes, or interferes with the department in the performance of duties pursuant to this chapter, or who in any manner intentionally violates this chapter, shall be guilty of a petty misdemeanor.
Haw. Rev. Stat. § 383-6 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-6
Master and servant relationship, not required when.
Status: in_force

Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective of whether the common law relationship of master and servant exists unless and until it is shown to the satisfaction of the department of labor and industrial relations that:

(1) The individual has been and will continue to be free from control or direction over the performance of such service, both under the individual's contract of hire and in fact;

(2) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and

(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of service. [L 1939, c 219, §2(k)(5); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4207; RL 1955, §93-6; am L Sp 1959 2d, c 1, §27; HRS §383-6; gen ch 1985]

Revision Note

In paragraph (1), "and" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 380-9 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-9
Necessity for prior findings of fact; limitation of prohibitions.
Status: in_force

No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of the restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in the case and as shall be expressly included in the findings of fact made and filed by the court as provided in this chapter.
Haw. Rev. Stat. § 393-19 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-19
Freedom of collective bargaining.
Status: in_force

(a) In addition to the policy stated in section 393-2, nothing in this chapter shall be construed to limit the freedom of employees to bargain collectively for different prepaid health care coverage, if the protection provided by the negotiated plan is more favorable to the employees benefited than the protection provided by this chapter or at least equivalent thereto, or for a different allocation of the costs thereof. A collective bargaining agreement may provide that the employer oneself undertakes to provide the health care specified in the agreement.

(b) If the employees rendering particular types of services are not covered by the health care provisions of the applicable collective bargaining agreements to which their employer is a party, the provisions of this chapter shall be applicable with respect to them. An employer or group of employers shall be deemed to have complied with the provisions of this chapter if they undertake to provide health care services pursuant to a collective bargaining agreement and the services are available to all other employees not covered by such agreement. [L 1974, c 210, pt of §1; am L 1978, c 199, §2; gen ch 1993]