Haw. Rev. Stat. § 392-72 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-72
Appeals, filing, and hearing.
Status: in_force

(a) If a person disputes the amount of benefits, paid under part III or part IV, or the denial of benefits, the claimant may file an appeal, in the form and manner prescribed by rule of the director, at the office of the department, within twenty days after the date of payment of such disputed benefits or the denial thereof. Notice of the appeal shall be served upon the employer or insurer or the trust fund for disability benefits in the form and manner prescribed by rule of the director. Notice of a hearing of an appeal shall be sent by electronic service or by first-class mail to the claimant and insurer or employer or trust fund for disability benefits at least fifteen calendar days prior to the hearing. If notice sent by electronic service or by first-class mail is attempted but not made, and the department has been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by online posting on the department's webpage. The online posting shall appear at least fifteen calendar days prior to the date of the hearing. The online posting shall be removed from the webpage no less than five business days after the date of the hearing.

(b) The appeal may be heard in any county, and the parties may appear at the hearing in person, by telephone, or by other communication devices approved by the department, or by a combination of the preceding methods. The parties shall be provided with notice of the hearing and shall be provided with the opportunity to object to the hearing being held in a county other than the county in which the claimant resides or in which the claimant was employed prior to the claimant's disability. Upon such objection, the hearing shall be heard in the county in which the claimant resides or in which the claimant was employed prior to the claimant's disability. Failure of a party to object to the location of the hearing within the time specified in the notice shall be deemed consent by the party to the location of the hearing. The department may provide for the taking of depositions. Unless the appeal is withdrawn with the permission of the referee, the referee after affording the parties reasonable opportunity for a fair hearing shall make findings and conclusions and on the basis thereof affirm, modify, or deny the disputed benefits. In the event any party fails to appear at the hearing, the referee shall issue a decision based on the available information. All parties shall be promptly notified of the decision of the referee and shall be furnished with a copy of the decision and the findings and conclusions in support of the decision. The decision shall be final and shall be binding unless a proceeding for judicial review is initiated pursuant to section 392-75; provided that within the time provided for taking an appeal and prior to the filing of a notice of appeal, the referee may reopen the matter, upon application of the director or any party, or upon the referee's own motion, and thereupon may take further evidence or may modify the referee's decision, findings, or conclusions. In the event the matter is reopened, the referee shall render a further decision in the matter, either reaffirming or modifying the referee's original decision, and notice shall be given thereof in the manner hereinbefore provided. The time to initiate judicial review shall run from the notice of such further decision if the matter has been reopened. [L 1969, c 148, pt of §1; am L 1973, c 62, §1; gen ch 1985; am L 2013, c 100, §8; am L 2018, c 162, §3]
Haw. Rev. Stat. § 392-68 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-68
Failure to pay assessments.
Status: in_force

If an employer or insurer fails to pay the assessment required by section 392-67(a) or section 392-67(b) within thirty days after the end of the month or quarter for which payment was due, the director shall levy a penalty of at least $250 but no more than ten per cent of the assessment due against the employer or insurer, unless the nonpayment is excused by the director after a showing by the employer or insurer that the payment of the assessment could not be made on the date prescribed therefor owing to conditions over which the employer or insurer had no control and the employer or insurer forthwith complies.
Haw. Rev. Stat. § 383-165 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-165
Saving clause, amendment, or repeal.
Status: in_force

The legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
Haw. Rev. Stat. § 387-10 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-10
Oaths; affidavits; subpoenas; witnesses; immunities.
Status: in_force

The director of labor and industrial relations or the director's authorized representative may administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all books, records, and other evidence relative to any matter under investigation. The subpoena shall be signed and issued by the director or the director's authorized representative. In cases of failure of any person to comply with any subpoena lawfully issued under this section or on the refusal of any witness to produce evidence or to testify to any matter regarding which the witness may be lawfully interrogated, any circuit court, or the judge thereof, upon the application of the director or the director's authorized representative, shall compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued by the court or a refusal to testify therein. The director may certify to official acts.

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, contracts, agreements, or other records and documents before the director or the director's authorized representative, or in obedience to the subpoena of the director or the director's authorized representative, or in any cause or proceeding instituted under this chapter, on the ground that the testimony or 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 subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled to testify or produce evidence, documentary or otherwise, after having claimed the individual's privilege against self-incrimination, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. [L Sp 1941, c 66, §7; RL 1945, §4360; RL 1955, §94-10; HRS §387-10; gen ch 1985]
Haw. Rev. Stat. § 381-9 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-9
Strikes and lockouts prohibited, when.
Status: in_force

(a) It shall be unlawful for any employees of a public utility to call a strike or go out on strike causing or threatening to cause an interruption of public utility service, or for any public utility to lock out its employees when the action would cause or threaten to cause an interruption of public utility service, except as the action may be taken in compliance with this chapter.

(b) It shall be unlawful for any person or persons to instigate, induce, or encourage any other person or persons to engage in any strike or lockout that would cause an interruption of public utility service in violation of this chapter.

(c) During the term of any collective bargaining agreement, there shall be no lockout by the public utility and there shall be no strike on the part of any employees covered by the agreement, except where:

(1) A dispute arises under the agreement concerning the interpretation or application of the terms of the collective bargaining agreement, and the agreement contains no procedure for the settlement of the dispute; or

(2) In accordance with the terms of the collective bargaining agreement, the parties undertake negotiations for a new agreement or an amendment of the existing agreement pursuant to specific designation in the agreement of a certain time or period for the negotiations, no agreement has been reached at the expiration of the time or period, and the agreement does not prohibit strikes or lockouts following the negotiation and failure to arrive at agreement;

provided that the provisions of this chapter for settlement of disputes have first been complied with. [L 1949, c 146, pt of §1; RL 1955, §91-10; HRS §381-9; am L 2016, c 55, §8]
Haw. Rev. Stat. § 378-66 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-66
Collective bargaining and confidentiality rights, takes precedence.
Status: in_force

(a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.

(b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this subpart. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this subpart, the provisions of this subpart shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements. [L 1987, c 267, pt of §1; am L 2011, c 166, §8]
Haw. Rev. Stat. § 393-4 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-4
Place of performance.
Status: in_force

"Employment" includes an individual's entire service, performed within or both within and without this State if:

(1) The service is localized in this State; or

(2) The service is not localized in any state but some of the service is performed in this State and[:]

(A) The individual's base of operation, or, if there is no base of operation, the place from which such service is directed or controlled, is in the State; or

(B) The individual's base of operation or place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State. [L 1974, c 210, pt of §1]
Haw. Rev. Stat. § 386-212 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-212
Notice and hearing.
Status: in_force

The insurance commissioner in the administration of this chapter shall comply with chapters 91 and 92 when applicable.
Haw. Rev. Stat. § 398-2 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-2
Inapplicability.
Status: in_force

The rights provided under this chapter shall not apply to employees of an employer with fewer than one hundred employees.
Haw. Rev. Stat. § 377-3 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-3
Conciliator.
Status: in_force

In the event the board receives information that a labor dispute exists and determines that the dispute is within its jurisdiction and that the possibility of settlement and termination of the dispute may be increased by conciliation, the board shall so notify the governor.

Upon receipt of the notice, the governor shall appoint, as conciliator with respect to the dispute, a person who is well-known in the community as being impartial to both labor and industry, and shall so notify the board. The position of conciliator shall not be subject to chapters 76 and 89.

Upon receipt of notice of the appointment of a conciliator, the board shall forthwith refer the dispute to the conciliator. The conciliator shall use the conciliator's best efforts to terminate the dispute by conciliation within the ten days immediately succeeding the reference of the dispute to the conciliator or within such additional time, not to exceed ten days, as is agreed upon by all parties to the dispute. If, within the ten days, or the additional time, if any, the conciliator succeeds in terminating the dispute by conciliation, the conciliator shall immediately certify such fact to the board and the conciliator's appointment shall then end. If, within the ten days, or the additional time, if any, the conciliator fails to terminate the dispute by conciliation, the conciliator shall immediately certify such fact to the board and the conciliator's appointment shall then end. Upon the termination of the appointment of the conciliator, the board shall so notify the governor. [L 1945, c 250, §5; am L 1951, c 249, §2; RL 1955, §90-4; HRS §377-3; am L 1985, c 251, §14; gen ch 1985; am L 2002, c 148, §42]
Haw. Rev. Stat. § 392-92 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-92
Penalties.
Status: in_force

(a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined no more than $500 for each offense.

(b) All fines collected pursuant to this chapter shall be deposited into the trust fund for disability benefits created by section 392-61. [L 1991, c 107, §2; am L 2013, c 100, §8; am L 2020, c 44, §15]
Haw. Rev. Stat. § 383-24 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-24
Maximum potential benefits.
Status: in_force

The maximum potential benefits of an eligible individual in a benefit year shall be twenty-six times the eligible individual's weekly benefit amount.
Haw. Rev. Stat. § 386-154.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-154.5
Special assessments.
Status: in_force

(a) For the calendar year 1972 only, insurers of employers as defined in section 386-121(a)(1) shall pay a special assessment of one and one-quarter per cent on gross premiums as defined in section 431:7-202(a) and in accordance with the provisions of section 386-153. For the calendar year 1973 only, such insurers shall pay a special assessment established by rule of the director not to exceed 1.6 times the 1972 special assessment.

(b) For the calendar year 1972 only, employers not insured under section 386-121(a)(1) shall pay a special assessment equal to 1.67 times the special charge as defined and in accordance with the provisions of section 386-154. For the calendar year 1973 only, such employers shall pay a special assessment established by rule of the director not to exceed 1.6 times the 1972 special assessment.

(c) The assessments under this section shall be paid within thirty days from the receipt of notification by the department of commerce and consumer affairs. [L 1972, c 42, §5; am L 1973, c 183, §5; am L 1982, c 204, §8; am L 1993, c 6, §15]
Haw. Rev. Stat. § 383-34 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-34
Reconsideration of determination.
Status: in_force

(a) In the absence of appeal and within ten days after mailing or delivery of notice of the original determination made pursuant to section 383-33 to the parties entitled thereto, the department of labor and industrial relations may, for good cause, on its own motion or upon application of any such party, reconsider such determination. Upon an application for reconsideration, the department shall promptly reconsider the determination or, on its own motion, transfer the application to the referee. Such transfer shall likewise be effected upon request of the party applying for reconsideration provided the request is made before the party's receipt of notice of the reconsidered determination. Upon transfer the application shall be deemed to constitute an appeal, as of the date of the application, from the original determination.

(b) At any time within one year from the date of a determination with respect to base-period wages paid to a claimant, the department on its own motion may reconsider the determination if it finds that an error in computation or identity has occurred in connection therewith, or that wages of the claimant pertinent to the determination but not considered in connection therewith have been newly discovered, or that benefits have been allowed or denied or the amount of benefits fixed on the basis of a nondisclosure or misrepresentation of a material fact. If the amount of benefits is increased upon such redetermination, an appeal therefrom solely with respect to the matters involved in the increase may be filed in the manner and subject to the limitations provided in section 383-38. If the amount of benefits is decreased upon such redetermination, the matters involved in the decrease shall be subject to review in connection with an appeal by the claimant from any determination upon a subsequent claim for benefits which may be affected in amount or duration by the redetermination.

(c) At any time within two years from the end of any week with respect to which a determination allowing or denying waiting-week credit or benefits has been made, the department on its own motion may reconsider such determination if it finds that the waiting-week credit or benefits were allowed or denied as a result of a nondisclosure or misrepresentation of a material fact.

(d) In any case in which the department is authorized by this section to reconsider any determination but the final decision in the case has been rendered by a referee or court, the department may petition the referee or court to issue a revised decision.

(e) At any time within one year from the end of any week with respect to which a determination allowing or denying waiting-week credit or benefit has been made, the department on its own motion may reconsider such determination if it finds that an overpayment, due to reasons other than fraud, has occurred. [L 1939, c 219, §6(c); am L 1941, c 304, §1, pt of subs 18; am L 1943, c 160, §1, subs 6; RL 1945, §4235; am L 1953, c 22, §1(4); am L 1955, c 51, §1(3); RL 1955, §93-33; am L 1959, c 232, §2; am L Sp 1959 2d, c 1, §27; HRS §383-34]
Haw. Rev. Stat. § 398A-6 — HI Code / Division 1 / Title 21 / Chapter 398A / Section 398A-6
[ §398A-6] Civil action.
Status: in_force

[ §398A-6] Civil action. An employee may bring a civil action to enforce this chapter. The court may enjoin any act or practice that violates this chapter and may order any equitable relief necessary and appropriate to redress the violation or to enforce this chapter.
Haw. Rev. Stat. § 396-6 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-6
Employer responsibility: safe place of employment; safety devices and safeguards.
Status: in_force

(a) Every employer shall furnish to each of the employer's employees employment and a place of employment which are safe as well as free from recognized hazards. No employer shall require or direct or permit or suffer any employee to go or be in any employment or place of employment which is not free from recognized hazards that are causing or likely to cause death or serious physical harm to employees or which does not comply with occupational safety and health standards, rules, regulations, citations, or orders made pursuant to this chapter except for the specific purpose of abating said hazard.

(b) Every employer shall furnish and use safety devices and safeguards, and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render such employment and place of employment safe.

(c) No employer shall construct or cause to be constructed any place of employment that is not safe, and no employer shall occupy or maintain any unsafe place of employment.

(d) Every employer shall make such reports as the Secretary of Labor may require pursuant to Public Law 91596 section 8(c).

(e) Each employer shall make, keep and preserve and make available to the department such records regarding the employer's activities relating to this chapter as the department may prescribe by regulation as necessary or appropriate for the enforcement of this chapter or for developing information regarding the causes and prevention of occupational accidents and illnesses.

The department shall prescribe regulations requiring employers to maintain accurate records of, and to make periodic reports on work related deaths, injuries and illnesses other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.

(f) All employers shall be required to post prominently in the working place all posters and information provided by the department for posting as well as notices informing employees of their rights and obligations under this chapter. [L 1972, c 57, pt of §1; am L 1974, c 152, §3; am L 1976, c 95, §6; gen ch 1985]
Haw. Rev. Stat. § 386-152 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-152
Levy and charges to finance special compensation fund.
Status: in_force

When the cash balance of the special compensation fund established in section 386-151 falls below, as of December31 of any year, an amount determined by the director to be insufficient to meet the fund's current and projected obligations, then the levy on the gross premiums of insurers of employers insured under section 386-121(a)(1) provided for in section 386-153, and the charge provided in section 386-154 against each employer not insuring and keeping insured, as provided in section 386-121(a)(1), shall be levied and collected during the succeeding year and each succeeding year thereafter until the cash balance of the fund equals or exceeds as of December31 of any year an amount determined by the director to be sufficient to meet the fund's current and projected obligations. When the cash balance of the fund equals or exceeds as of December31 of any year an amount determined by the director to be sufficient to meet the fund's current and projected obligations, then the levy on the gross premiums of insurance companies provided for in section 386-153 and the charge provided in section 386-154 against each employer not insuring and keeping insured as provided in section 386-121(a)(1) shall not be levied and collected during the succeeding year until the cash balance of the fund falls below as of December31 of any year an amount determined by the director to be insufficient to meet the fund's current and projected obligations.

The director shall annually furnish each insurance company provided for in section 386-153 and each employer provided for in section 386-154 with a copy of the certified public accountant's audit report and recommendations. The cost of furnishing such report shall be paid out of the special compensation fund. [L 1963, c 103, pt of §1; Supp, §97-141; HRS §386-152; am L 1973, c 183, §2]
Haw. Rev. Stat. § 378-6 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-6
Inspection; investigation; records.
Status: in_force

(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the commission that an unlawful discriminatory practice may have been or is being committed, the commission's authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy that material, and may question employees and make investigation to determine whether any person has violated this part or any rule issued hereunder or which may aid in the enforcement of this part.

(b) Every employer, employment agency, and labor organization shall:

(1) Make and keep records relevant to this part, and

(2) Make such reports therefrom, as the commission shall prescribe by rule or order. [L 1981, c 94, pt of §2; gen ch 1985; am L 1989, c 386, §10]
Haw. Rev. Stat. § 392-24 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-24
Waiting period.
Status: in_force

No temporary disability benefits shall be payable during the first seven consecutive days of any period of disability. Consecutive periods of disability due to the same or related cause and not separated by an interval of more than two weeks shall be considered as a single period of disability.
Haw. Rev. Stat. § 383-29.8 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-29.8
Partial unemployment; waivers.
Status: in_force

(a) The registration for work requirements under section 383-29(a) shall be waived for individuals who are partially unemployed, as defined in section 383-1.

(b) An individual shall be exempted from the work search requirements as determined by rules of the department, or be subject to modified work search requirements as authorized by the department if the individual is waived from the registration for work requirements under section 383-29(a). [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §§4, 5; am L 2025, c 214, §3]
Haw. Rev. Stat. § 383-126.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-126.5
Evaluation of fund balance adequacy.
Status: in_force

The director shall conduct an annual evaluation of the adequacy of the fund balance, taking into account conditions in the State and national economic trends, and submit a report of findings to the legislature no later than twenty days prior to the convening of each regular session.
Haw. Rev. Stat. § 386-73.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-73.5
Proceedings to determine employment and coverage.
Status: in_force

The director of labor and industrial relations shall have original jurisdiction over all controversies and disputes over employment and coverage under this chapter. Except in cases where services are specifically and expressly excluded from "employment" under section 386-1, it shall be presumed that coverage applies unless the party seeking exclusion is able to establish under both the control test and the relative nature of the work test that coverage is not appropriate under this chapter. There shall be a right of appeal from decisions of the director to the appellate board and thence to the intermediate appellate court, subject to chapter 602.
Haw. Rev. Stat. § 386-196 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-196
Examinations.
Status: in_force

The insurance commissioner may examine the affairs, transactions, accounts, records, and assets and liabilities of each group as often as the insurance commissioner deems advisable. The expense of examinations shall be assessed against the group in the same manner that insurers are assessed for examinations.
Haw. Rev. Stat. § 383-144 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-144
Unlawful disclosures.
Status: in_force

If any individual, whether an employee or member of the department of labor and industrial relations, or the referee, in violation of section 383-95, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any individual who has obtained any list of applicants for work, or of claimants or recipients of benefits, under this chapter, uses or permits the use of the list for any political purpose, that individual shall be fined not less than $20 nor more than $200, or imprisoned not more than ninety days, or both.
Haw. Rev. Stat. § 381-8 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-8
Procedure where dispute not resolved.
Status: in_force

For the ten-day period after the report of the emergency board has been filed with the governor, there shall be no strike or lockout. If no agreement is reached within the ten-day period, then at any time within a further period of twenty days, the representative of the employees may call the employees out on strike, or if the employees are unrepresented, the employees may proceed to go out on strike, and the public utility shall be free to lock out.

If during this period of twenty days a strike is not called or the employees fail to go on strike or the public utility does not engage in a lockout, there shall be no strike or lockout for a further period of thirty days.

If the parties fail to reach agreement within the thirty-day period, the employees shall thereafter be free to strike and the public utility to lock out, but not until notice of intent is first filed with the director of labor and industrial relations and ten days elapse from the date the notice is filed. The notice of intent may not be filed until the expiration of the thirty-day period. [L 1949, c 146, pt of §1; RL 1955, §91-9; HRS §381-8]
Haw. Rev. Stat. § 378-27 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-27
Exception.
Status: in_force

Nothing in this part shall be deemed to:

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

(2) Apply to lie detector tests administered by any law enforcement or corrections agency;

(3) Apply to the United States and any subdivision thereof;

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

(5) Apply to psychological tests administered by a law enforcement or corrections agency to determine the suitability of a candidate for employment with the law enforcement or corrections agency. [L 1985, c 241, pt of §1; am L 2017, c 76, §1]
Haw. Rev. Stat. § 383-4 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-4
Election of employing unit.
Status: in_force

Services covered by an election pursuant to section 383-77 and services covered by an arrangement pursuant to sections 383-106 to 383-109 between the department of labor and industrial relations and the agency charged with the administration of any other state or federal unemployment compensation law, pursuant to which all services performed by an individual for an employing unit are deemed to be performed entirely within this State, shall be deemed to be employment if the department has approved an election of the employing unit for which the services are performed, pursuant to which the entire service of the individual during the period covered by the election is deemed to be insured work.
Haw. Rev. Stat. § 383-71 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-71
Collection of delinquent contributions.
Status: in_force

(a) Civil action. If any employer is in default in the payment of any contributions required to be paid by the employer pursuant to this chapter, the director of labor and industrial relations may, when the amount of the contributions with respect to which the employer is delinquent is determined, either by the report of the employer or by the assessment by the department of labor and industrial relations, proceed to collect payment of the same by action in assumpsit, in the director's own name, on behalf of the State, for the amount of the contributions, costs, penalties, and interest. In such actions the several district courts shall have concurrent jurisdiction with the circuit courts, irrespective of the amount claimed. Actions brought under this section shall be heard by the court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this chapter and cases arising under the workers' compensation law.

No proceedings in court for the collection of delinquent contributions shall be begun after the expiration of four years from the last day of the month following the last month of the quarter for which the contributions are due; provided that in the case of a false or fraudulent return or the wilful failure to file a return with intent to evade the payment of contributions, a proceeding in court for the collection of the contributions may be begun at any time.

(b) Distraint. If the amount of contributions or interest assessed is not paid when due the director may collect payment of same by distress upon so much of the delinquent employer's goods, chattels, moneys, or intangibles represented by negotiable evidences of indebtedness, as the director may deem sufficient to satisfy the payment of contributions due, penalties, and interest if any, and the costs and expenses of distress. In the case of moneys, distress shall be effected by seizure, and in other cases distress shall be effected by seizure and sale of the property. The director shall take possession and keep the distrained property until the sale. After taking possession, the director shall sell the delinquent employer's interest in the property at public auction after first giving fifteen days' public notice of the time and place of the sale in the county where the sale is to be held, and by posting notice in at least three public places in the county where the sale is to be held. The director may require the assistance of any sheriff or authorized police officer of any county to aid in the seizure and sale of the distrained personal property. The director may further retain the services of any person competent and qualified to aid the sale of the distrained personal property, provided that the consent of the delinquent employer is obtained. Any sheriff or the person so retained by the director shall be paid a fair and reasonable fee but in no case shall the fee exceed ten per cent of the gross proceeds of the sale. Any person other than a sheriff so retained by the director to assist the director may be required to furnish a bond in an amount to be determined by the director. The fees and the cost of the bond shall constitute a part of the costs and expenses of the distress.

The sale shall take place within twenty days after seizure; provided that by public announcement at the sale, or at the time and place previously set for the sale, it may be extended for one week. Any further extension of the sale shall be with the consent of the delinquent employer. The sale, in any event shall be completed within forty-five days after seizure of the property. Sufficient property shall be sold to pay all contributions, penalties, interest, costs, and expenses. On payment of the price bid for any property sold, the delivery thereof with a bill of sale from the director shall vest the title of the property in the purchaser. No charge shall be made for the bill of sale. All surplus received upon any sale after the payment of the contributions, penalties, interest, costs, and expenses, shall be returned to the owner of the property sold, and until claimed shall be deposited in the director's office subject to the order of the owner. Any unsold portion of the property seized may be left at the place of sale at the risk of the owner. If the owner of the property seized desires to retain or regain possession thereof, the owner may give a sufficient bond and surety to produce the property at the time and place of sale or pay all contributions, penalties, interest, costs, and expenses.

(c) Liens, foreclosure. The claim of the department for any contributions, including penalties and interest thereon, not paid when due, shall be a lien upon property as provided by section 231-33, and the powers conferred on the director of taxation by that section apply to these contributions, the same as other state taxes. However, as to the powers conferred on the director of taxation by section 231-33(h), such powers are, as to these contributions, conferred on the director of labor and industrial relations, and the lien may be foreclosed in a court proceeding or by distraint under this section. [L 1939, c 219, §7(e); am L 1941, c 304, §1, pt of subs 22 and subs 23; RL 1945, pt of §§4257, 4258; am L 1949, c 77, §1; am L 1953, c 23, §1(6); RL 1955, §93-70; am L 1957, c 115, §1(d) and c 185, §§2, 3; am L Sp 1959 2d, c 1, §§16, 27; HRS §383-71; am L 1975, c 41, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1998, c 2, §94]
Haw. Rev. Stat. § 386-173 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-173
Time for giving notice, etc.
Status: in_force

Any time fixed for giving of notice of injury or for any other substantive purpose as to any injuries within the purview of section 386-171 which may have occurred prior to May25, 1945, but subsequent to December 7, 1941, shall be construed to run from May25, 1945.
Haw. Rev. Stat. § 378-28 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-28
Power of department to prevent unlawful practice.
Status: in_force

(a) After the filing of any complaint, or whenever it appears to the department that an unlawful practice may have been committed, the department shall conduct an investigation in connection therewith. At any time after the filing of a complaint, but prior to the issuance of a determination as to whether there is or is not cause to believe that this part has been violated, the parties may agree to resolve the complaint through a settlement.

(b) If the department determines after such investigation that there is cause to believe that this part has been violated, the department shall demand that the respondent cease such unlawful practice. In addition to the penalty specified in section 378-29.3 the department may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, as, in the judgment of the department, will effectuate the purpose of this part.

(c) The department may commence a civil action in circuit court seeking appropriate relief. In a civil action brought pursuant to this subsection:

(1) The director may join various complainants in one cause of action;

(2) The director shall not be required to pay the filing fee or other costs or fees of any nature or to file a bond or other security of any nature in connection with such action or with proceedings supplementary thereto, or as a condition precedent to the availability to the director of any process in aid of such action or proceedings;

(3) In no event shall any action be brought more than three years after the complaint was filed with the department.

(d) In any action brought pursuant to this part, if the court finds that a respondent has engaged in or is engaging in an unlawful practice as defined in this part, the court may enjoin the respondent from engaging in such unlawful practice and order such affirmative action as may be appropriate, including, but not limited to fines, reinstatement, hiring, or upgrading of employees and prospective employees, with or without backpay, or any other equitable relief as the court deems appropriate.

(e) In any action brought pursuant to this part, if any judgment obtained by the director against the respondent remains unsatisfied for a period of thirty days after such judgment is entered, the director may request the circuit court to compel the respondent to comply with the judgment, including, but not limited to, an order directing the respondent to cease doing business until the respondent has complied with the judgment.

(f) Whenever it appears to the director that an employer is engaged in any act or practice which constitutes or may constitute, now or later, a violation of this part, or any related rule, the director may bring an action in the circuit court of the circuit in which it is charged that the act or practice complained of occurred or is about to occur to enjoin the act or practice and to enforce compliance with this part or with the rule, and upon a proper showing, a permanent or temporary injunction or decree or restraining order shall be granted without bond.

(g) In any action brought under this part, the court may in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of action, and reasonable attorney's fees, to be paid by the defendant. [L 1985, c 241, pt of §1]
Haw. Rev. Stat. § 393-6 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-6
Principal and secondary employer defined; coercion, interference, etc.
Status: in_force

prohibited. If an individual is concurrently a regular employee of two or more employers as defined in this chapter, the principal employer shall be the employer who pays the individual the most wages; provided that if one of the employers, who does not pay the most wages, employs the regular employee for at least thirty-five hours per week, the employee shall determine which of the employers shall be the employee's principal employer. The employee's other employers are secondary employers. An employer so designated as the principal employer shall remain as such principal employer for one year or until change of employment, whichever is earlier.

If an individual is concurrently a regular employee of a public entity which is not an employer as defined in section 393-3 and of an employer as defined in section 393-3 the latter shall be deemed to be a secondary employer.

An employer who, directly or indirectly, interferes with or coerces or attempts to coerce an employee in making a determination under this section shall be subject to the penalty provided under subsection 393-33(b). [L 1974, c 210, pt of §1; am L 1975, c 51, §1; gen ch 1985]
Haw. Rev. Stat. § 377-4.5 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-4.5
Religious exemption from labor organization membership.
Status: in_force

Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that an employee may be required in a contract between an employees' employer and a labor organization in lieu of periodic dues and initiation fees, to pay sums equal to the dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of the Internal Revenue Code, chosen by an employee from a list of at least three funds, designated in the contract or if the contract fails to designate any funds, then to any fund chosen by the employee. If any employee who holds conscientious objections pursuant to this section requests the labor organization to use the grievance-arbitration procedure on the employee's behalf, the labor organization is authorized to charge the employee for the reasonable cost of using the procedure.
Haw. Rev. Stat. § 383-36 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-36
Notice of determinations.
Status: in_force

[Section effective until March 31, 2027. For section effective April 1, 2027, see below.] Notice of a determination or redetermination upon a claim shall be promptly given to the claimant, by delivery thereof or by mailing the notice to the claimant's last known address. In addition, notice of a determination or redetermination with respect to the first week of a benefit year shall be given to each employer by whom the claimant was employed during the claimant's base period, and to the last employing unit by whom the claimant was employed, and notice of any determination or redetermination which involves the application of section 383-30 shall be given to the last employing unit by whom the claimant was employed, in every case by delivery thereof to such party or by mailing the notice to the party's last known address.

§383-36 Notice of determinations. [Section effective April 1, 2027. For section effective until March 31, 2027, see above.] Notice of a determination or redetermination upon a claim shall be promptly given to the claimant by electronic notification unless an election was made to receive notices by mail, and in such case, by mailing the notice to the claimant's last known address. In addition, notice of a determination or redetermination with respect to the first week of a benefit year shall be given to each employer by whom the claimant was employed during the claimant's base period, and to the last employing unit by whom the claimant was employed, and notice of any determination or redetermination which involves the application of section 383-30 shall be given to the last employing unit by whom the claimant was employed, in every case by electronic notification unless an election was made to receive notices by mail, and in such case, by mailing the notice to the party's last known address. The date of electronic notification shall be equivalent to the mailing date. [L 1941, c 304, §1, pt of subs 18; RL 1945, §4237; am L 1953, c 22, §1(5); RL 1955, §93-35; HRS §383-36; gen ch 1985; am L 2025, c 214, §4]
Haw. Rev. Stat. § 386-72 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-72
Rulemaking powers.
Status: in_force

In conformity with and subject to chapter 91, the director of labor and industrial relations shall make rules, not inconsistent with this chapter, which the director deems necessary for or conducive to its proper application and enforcement.
Haw. Rev. Stat. § 378-2.8 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-2.8
[ §378-2.
Status: in_force

[ §378-2.8] Job listing; disclosures. (a) Job listings shall disclose an hourly rate or salary range that reasonably reflects the actual expected compensation.

(b) This section shall not apply to job listings for:

(1) Positions that are internal transfers or promotions within a current employer;

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

(3) Positions with employers having fewer than fifty employees. [L 2023, c 203, §2]
Haw. Rev. Stat. § 377-17 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-17
Conflicting provisions.
Status: in_force

Wherever the application of the provisions of other laws conflicts with the application of the provisions of this chapter, this chapter shall prevail, provided that in any situation where the provisions of this chapter cannot be validly enforced the provisions of such other laws shall apply.
Haw. Rev. Stat. § 386-21.9 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-21.9
Medical care, services, and supplies for firefighters suffering from cancer.
Status: in_force

If a claim for leukemia, multiple myeloma, non-Hodgkin lymphoma, or cancer of the lung, brain, stomach, esophagus, intestines, rectum, kidney, bladder, prostate, breast, female reproductive organs, or testes filed by an employee with five or more years of service as a firefighter is accepted or determined to be compensable, section 386-21 shall remain applicable; provided that the employer shall be liable for medical care, services, and supplies for a minimum of one hundred ten per cent, and not to exceed one hundred fifty per cent of fees prescribed in the Medicare Resource Based Relative Value Scale applicable to Hawaii as prepared by the United States Department of Health and Human Services.
Haw. Rev. Stat. § 387-7 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-7
Wilful violations; penalty.
Status: in_force

Any employer who wilfully hinders or delays the director or the director's authorized representative in the performance of the director's duties in the enforcement of this chapter; or who wilfully refuses to admit the director or the director's authorized representative to any place of employment; or who fails to keep or who falsifies any record required under section 387-6 or who refuses to make the records accessible or to give information required for the proper enforcement of this chapter, upon demand, to the director or the director's authorized representative shall be fined no more than $10,000, or imprisoned no more than ninety days, or both. [L Sp 1941, c 66, pt of §5; RL 1945, §4357; RL 1955, §94-7; HRS §387-7; gen ch 1985; am L 2020, c 44, §10]
Haw. Rev. Stat. § 386-9 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-9
Contracting out forbidden.
Status: in_force

Except as provided in section 386-78, no contract, rule, regulation or device whatsoever shall operate to relieve the employer in whole or in part from any liability created by this chapter.
Haw. Rev. Stat. § 386-78 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-78
Compromise.
Status: in_force

(a) No compromise in regard to a claim for compensation pending before the director shall be valid unless it is approved by decision of the director as conforming to this chapter and made a part of the decision.

(b) No compromise in regard to a claim for compensation shall be effected and approved in any appeal until after the director has been notified of the proposed terms thereof and has had an opportunity to be heard relative thereto. [L 1963, c 116, pt of §1; Supp, §97-77; HRS §386-78; am L 1969, c 17, §2; am L 1973, c 11, §1; am L 1982, c 59, §1; gen ch 1985; am L 1995, c 234, §12; am L 2014, c 25, §§1, 4]
Haw. Rev. Stat. § 378-28.5 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-28.5
Investigation; oaths; affidavits; subpoena; witnesses; immunities.
Status: in_force

(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice may have been or is being committed, the director or an authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy such material, and may question such employees and make such investigation to determine whether any person has violated this part or any rule or regulation issued under this part or which may aid in the enforcement of this part.

(b) The director or an authorized representative may administer oaths and may issue subpoenas or subpoena duces tecum to compel the attendance and testimony of witnesses or the production of books, payrolls, records, correspondence, documents, or any other material relating to any matter under investigation.

(c) If a person fails to comply with a subpoena issued under this section, any circuit court, upon application of the director or the director's authorized representative, may issue an order requiring compliance. [L 1985, c 241, pt of §1]
Haw. Rev. Stat. § 392-29 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-29
No assignment of benefits; exemptions from attachment, etc.
Status: in_force

No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid; and such rights to benefits shall be exempt from levy, execution, attachment, garnishment, or any other remedy whatsoever provided for the collection of debt. No waiver of any exemption provided for in this section shall be valid.
Haw. Rev. Stat. § 386-193 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-193
Authority to act as workers' compensation self-insurance group.
Status: in_force

No person, association, or other entity shall act as a workers' compensation self-insurance group unless it has been issued a certificate of approval by the insurance commissioner.
Haw. Rev. Stat. § 378-82 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-82
Civil actions.
Status: in_force

Any employee denied reasonable accommodations by an employer in violation of this subpart may file a civil action against the employer to enforce this subpart and recover costs, including reasonable attorney's fees, incurred in the civil action.
Haw. Rev. Stat. § 392-76 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-76
Representation.
Status: in_force

In any proceeding for judicial review pursuant to section 392-75, the director may be represented by the attorney general or by any qualified attorney who is employed by the department for that purpose in conformity with section 28-8.3.
Haw. Rev. Stat. § 383-171 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-171
Weekly extended benefit amount.
Status: in_force

The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts.
Haw. Rev. Stat. § 394B-4 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-4
Dislocated workers program.
Status: in_force

The director shall establish a program to assist dislocated workers to obtain employment through assistance, training, and related employment services which may include but not be limited to:

(1) Job search assistance;

(2) Job development;

(3) Training in job skills;

(4) Supportive services including commuting assistance, day care for dependents, and financial, career, and personal counseling;

(5) Pre-layoff assistance;

(6) Relocation assistance;

(7) Mediation services or other programs conducted in cooperation with employers or labor organizations to provide early intervention in the event of major business closures;

(8) Added costs to employers; and

(9) Stipends and allowances. [L 1983, c 195, pt of §1]
Haw. Rev. Stat. § 373L-3 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-3
Bond required.
Status: in_force

(a) No professional employer organization shall enter into a professional employment agreement with a client company in the State unless the professional employer organization posts a surety bond, or an irrevocable letter of credit equivalent to the required bond amount, that is based on the previous year's total payroll of the professional employer organization. The total payroll of the professional employer organization shall be the amount reported on the Internal Revenue Service Form W-3, Transmittal of Wage and Tax Statements, that was most recently filed with the federal government in the year in which the bond or irrevocable letter of credit is to become effective. The bond or its irrevocable letter of credit equivalent required under this section shall be on a sliding scale as follows:

(1) For professional employer organizations with a total payroll up to and including $25,000,000, a bond or its irrevocable letter of credit equivalent of $25,000;

(2) For professional employer organizations with a total payroll of $25,000,001 to $150,000,000, a bond or its irrevocable letter of credit equivalent of $75,000; and

(3) For professional employer organizations with a total payroll of $150,000,001 and higher, a bond or its irrevocable letter of credit equivalent of $250,000.

If the professional employer organization posts a bond, the director shall be named as the obligee and the bond may be canceled only if the professional employer organization gives sixty days prior written notice to the surety and the director or if the surety gives thirty days prior written notice to the director of cancellation of the bond. If the professional employer organization furnishes an irrevocable letter of credit approved by the director, the director shall be named as the beneficiary, and the irrevocable letter of credit shall be issued by a bank, savings bank, or other depository financial institution insured by a federal depository insurance agency and authorized to do business in the State. The requirements of this section shall be satisfied by a single bond or its irrevocable letter of credit equivalent. If a professional employer organization has more than one branch location, the bond or its irrevocable letter of credit equivalent shall cover all locations.

(b) The bond required by this section shall be issued by a surety or federally insured lending institution authorized to do business in the State to indemnify a client company who may suffer loss as a result of nonperformance by a professional employer organization.

(c) Upon cancellation or expiration of the bond, the surety or insurer shall remain liable for any claims against the bond for a period of six months; provided that:

(1) The debts were incurred while the bond was in effect; and

(2) The director notifies the surety or insurer, as the case may be, of any claims within ninety days of discovery of any claims.

(d) The surety or insurer is not required to release any moneys or collateral to the professional employer organization during the six months after cancellation of the bond.

(e) Failure to have in effect a current bond shall result in automatic forfeiture of registration pursuant to this chapter and shall require the professional employer organization to immediately cease doing business in the State. A professional employer organization whose registration is forfeited shall apply as a new applicant for registration in order to resume business in the State. [L 2010, c 129, pt of §1; am L 2013, c 174, §6]
Haw. Rev. Stat. § 383-92 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-92
Rules and regulations.
Status: in_force

The director of labor and industrial relations may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for the administration of this chapter. The rules and regulations when prescribed in accordance with chapter 91 shall have the force and effect of law and shall be enforced in the same manner as this chapter.

Any interested person may petition for an amendment or repeal of such rule or regulation as provided in section 91-6. [L 1939, c 219, §10(d); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4270; am L 1951, c 195, §1(13); RL 1955, §93-91; am L 1965, c 96, §73; HRS §383-92; gen ch 1985]
Haw. Rev. Stat. § 386-44 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-44
Effect of erroneous payment; insanity of beneficiary.
Status: in_force

If an employer in good faith pays weekly benefits to a dependent who is inferior in right to another dependent or with whom another dependent is entitled to share, the payment shall discharge the employer, unless and until such other dependent notifies the employer of such other dependent's claim. In case the employer is in doubt as to the respective rights of rival claimants, the employer may institute proceedings before the director of labor and industrial relations for determination of the proper beneficiary.

Benefits to a person who is insane shall be paid to the person's guardian. [L 1963, c 116, pt of §1; Supp, §97-43; HRS §386-44; gen ch 1985]
Haw. Rev. Stat. § 394-7 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-7
Type of training.
Status: in_force

[§394-7 Type of training.] Training is to be undertaken for those occupations for which there is reasonable expectation of employment upon completion of training.
Haw. Rev. Stat. § 383-166 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-166
Conformity with federal law.
Status: in_force

The legislature hereby declares its intention to provide for carrying out the purposes of this chapter in cooperation with the appropriate agencies of other states and of the federal government, as part of a nationwide employment security program, and particularly to provide for meeting the requirements of title III of the Social Security Act, the requirements of section 3303 and section 3304 of Internal Revenue Code of 1954 (the federal Unemployment Tax Act), and the requirements of the Act of Congress referred to in section 383-104, each as amended, in order to secure for the State and the citizens thereof the grants and privileges available thereunder. All doubts as to the proper construction of this chapter shall be resolved in favor of conformity with such requirements.
Haw. Rev. Stat. § 396-11 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-11
Review.
Status: in_force

(a) Any citation, proposed penalty, or order of the director shall be final and conclusive against the employer unless the employer files with the director a written notice of contest of the citation, the abatement period stated in the citation, the proposed penalty, or order within twenty days after receipt of the citation, proposed penalty, or order.

(b) The employer may petition the director for modification of the abatement requirements in a citation; provided the employer shall file the 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 citation has expired if the initial abatement period stated in the citation expires after the twenty-day period for filing a notice of contest has run.

(c) 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 employer of a good faith effort to comply with the abatement requirements of a citation and that abatement has not been completed because of factors beyond the employer's reasonable control.

(d) Any employee or representative of employees may file with the director a written notice of contest of the initial abatement period stated in a citation or order alleging that the period of time fixed for abatement is unreasonable; provided the notice is filed within twenty days after the citation or order has been posted. Any employee or representative of employees may also file a written notice of contest of an order granting modification of the abatement period; provided the notice shall be filed within ten days of the posting of the order.

(e) Any employee or representative of employees may file a notice of contest of an order of the director denying a complaint of discrimination filed by an employee pursuant to section 396-8(e); provided that in each case the notice is filed within twenty days after receipt of the order by the employee.

(f) Any employee or representative of employees may file a notice of contest of an order granting an employer's application for a variance under section 396-4(a)(3); provided the notice is filed within twenty days after the posting of a final order or decision of the director.

(g) Upon receipt, the director shall advise the appeals board of any notice of contest.

(h) The appeals board shall afford an opportunity for a de novo hearing on any notice of contest except where rules 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.

(i) The appeals board may affirm, modify, or vacate the citation, the abatement requirement therein, or the proposed penalty or order or continue the matter upon terms and conditions as may be deemed necessary, or remand the case to the director with instructions for further proceedings, or direct other relief as may be appropriate.

(j) The affected employees or representatives of affected employees shall be provided an opportunity to participate as parties to hearings under this section.

(k) The director shall submit annual reports to the legislature on the number of contests filed pursuant to this section, the disposition of each, and information indicating whether the issue involved an employee or employees of the department who failed to act within the scope of their office, employment, or authority under this chapter. [L 1972, c 57, pt of §1; am L 1974, c 152, §6; am L 1975, c 50, §5; am L 1976, c 95, §9; am L 1977, c 179, §4; gen ch 1985; am L 1992, c 94, §4]
Haw. Rev. Stat. § 383-167 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-167
Amendment or repeal of federal law, effect of; nonconformity, effect of.
Status: repealed

If at any time the governor finds that the federal Unemployment Tax Act has been amended or repealed by act of Congress, with the result that no portion of the contributions required by this chapter may be credited against the tax under the federal Unemployment Tax Act, the governor shall publicly so proclaim and upon the date of such proclamation this chapter requiring the payment of contributions and benefits shall be suspended. The department of labor and industrial relations shall thereupon requisition from the unemployment trust fund all moneys therein standing to the credit of the State and shall direct the director of finance to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositaries in the State in which general funds of the State may be deposited. Such moneys shall after six months be refunded to the employers who have made contributions under this chapter, on the following basis: each employer shall be entitled to the total of the contributions paid by the employer less the total of benefits charged to the employer's account pursuant to sections 383-63 to 383-69, and if there are not sufficient moneys to pay all expenses and to pay to all the employers the amounts to which they are respectively entitled, then the amounts which the employers shall receive shall be reduced proportionately. If after the payment of all expenses and the payment to the employers of the amounts to which they are entitled there are any moneys undisposed of, the same shall be held for disposition as the legislature may prescribe.

If at any time this chapter is amended and the effect of the amendment or any part thereof is to legally impair or prevent the application of contributions under this chapter as a credit against the taxes levied under the federal Unemployment Tax Act, then the disabling amendment or part thereof shall not go into effect so long as the disability or prohibition exists and shall go into effect if and when the disability or prohibition ceases to exist, and in any case where the effect is caused by a part of an amendment the remainder of the amendment shall not be affected thereby and shall nevertheless go into effect in accordance with its provisions. [L 1939, c 219, §21; am L 1941, c 304, §1, subs 39; RL 1945, §4301; RL 1955, §93-156; am L Sp 1959 2d, c 1, §§14, 27; am L 1963, c 114, §1; HRS §383-167; gen ch 1985]
Haw. Rev. Stat. § 392-44.5 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-44.5
Notice of denial.
Status: in_force

No employer or insurer shall deny disability benefits to an employee without first submitting a copy of the notice of denial to the department. The department shall review the denial within ten days of the receipt of the notice. If the department finds the denial erroneous, without proper legal basis, or without sufficient evidence to support it, the department shall request the employer or insurer to reconsider its action in denying disability benefits. If upon reconsideration the employer or insurer again decides to deny disability benefits, the employee and the department shall be so notified. The employee shall have the right to appeal the denial of disability benefits.
Haw. Rev. Stat. § 386-85 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-85
Presumptions.
Status: in_force

In any proceeding for the enforcement of a claim for compensation under this chapter it shall be presumed, in the absence of substantial evidence to the contrary:

(1) That the claim is for a covered work injury;

(2) That sufficient notice of such injury has been given;

(3) That the injury was not caused by the intoxication of the injured employee; and

(4) That the injury was not caused by the wilful intention of the injured employee to injure oneself or another. [L 1963, c 116, pt of §1; Supp, §97-94; HRS §386-85; gen ch 1985]
Haw. Rev. Stat. § 394-5 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-5
Administration.
Status: in_force

The department of labor and industrial relations is authorized, with the advice of the workforce development council, to plan and administer human resource development and training programs under this chapter. The department shall process the payment of weekly compensation as provided under this chapter.
Haw. Rev. Stat. § 378-38 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-38
Rules and regulations.
Status: in_force

The director of labor and industrial relations shall adopt rules and regulations as the director deems necessary for the purpose of carrying out this part.
Haw. Rev. Stat. § 388-8 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-8
Provisions of law may not be waived by agreement.
Status: in_force

Except as provided in section 388-11, no provision of this chapter may in any way be contravened or set aside by private agreement.
Haw. Rev. Stat. § 383-7 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-7
Excluded service.
Status: in_force

(a) "Employment" shall not include:

(1) Agricultural labor as defined in section 383-9 if it is performed by an individual who is employed by an employing unit:

(A) That, during each calendar quarter in both the current and the preceding calendar years, paid less than $20,000 in cash remuneration to individuals employed in agricultural labor, including labor performed by an alien referred to in subparagraph (C); and

(B) That had, in each of the current and the preceding calendar years:

(i) No more than nineteen calendar weeks, whether consecutive or not, in which agricultural labor was performed by its employees, including labor performed by an alien referred to in subparagraph (C); or

(ii) No more than nine individuals in its employ performing agricultural labor in any one calendar week, whether or not the same individuals performed the labor in each week, including labor performed by an alien referred to in subparagraph (C); or

(C) If such agricultural labor is performed by an individual who is an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a)(15)(H) of the Immigration and Nationality Act;

(2) Domestic service in a private home, local college club, or local chapter of a college fraternity or sorority as set forth in section 3306(c)(2) of the Internal Revenue Code of 1986, as amended;

(3) Service not in the course of the employing unit's trade or business performed in any calendar quarter by an individual, unless the cash remuneration paid for the service is $50 or more and the service is performed by an individual who is regularly employed by the employing unit to perform the service. For the purposes of this paragraph, an individual shall be deemed to be regularly employed to perform service not in the course of an employing unit's trade or business during a calendar quarter if:

(A) On each of some twenty-four days during the quarter the individual performs the service for some portion of the day; or

(B) The individual was regularly employed as determined under subparagraph (A) by the employing unit in the performance of the service during the preceding calendar quarter;

(4) (A) Service performed on or in connection with a vessel not an American vessel, if the individual performing the service is employed on and in connection with the vessel when outside the United States;

(B) Service performed by an individual in (or as an officer or member of the crew of a vessel while it is engaged in) the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacea, sponges, seaweeds, or other aquatic forms of animal and vegetable life, including service performed as an ordinary incident thereto, except:

(i) The service performed in connection with a vessel of more than ten net tons (determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States);

(ii) The service performed in connection with a vessel of ten net tons or less (determined in the manner provided for determining the register tonnage of merchant vessels under the laws of the United States) by an individual who is employed by an employing unit which had in its employ one or more individuals performing the service for some portion of a day in each of twenty calendar weeks all occurring, whether consecutive or not, in either the current or the preceding calendar year; and

(iii) Service performed in connection with the catching or taking of salmon or halibut for commercial purposes;

(5) Service performed by an individual in the employ of the individual's son, daughter, or spouse, and service performed by a child under the age of twenty-one in the employ of the child's father or mother;

(6) Service performed in the employ of the United States government or an instrumentality of the United States exempt under the Constitution of the United States from the contributions imposed by this chapter, except that to the extent that the Congress of the United States permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compensation law, all of the provisions of this chapter shall apply to those instrumentalities, and to services performed for those instrumentalities, in the same manner, to the same extent, and on the same terms as to all other employers, employing units, individuals, and services; provided that if this State is not certified for any year by the Secretary of Labor under section 3304(c) of the federal Internal Revenue Code, the payments required of those instrumentalities with respect to that year shall be refunded by the department of labor and industrial relations from the fund in the same manner and within the same period as is provided in section 383-76 with respect to contributions erroneously collected;

(7) Service performed in the employ of any other state, or any political subdivision thereof, or any instrumentality of any one or more of the foregoing which is wholly owned by one or more states or political subdivisions; and any service performed in the employ of any instrumentality of one or more other states or their political subdivisions to the extent that the instrumentality is, with respect to the service, exempt from the tax imposed by section 3301 of the Internal Revenue Code of 1986, as amended;

(8) Service with respect to which unemployment compensation is payable under an unemployment system established by an act of Congress;

(9) (A) Service performed in any calendar quarter in the employ of any organization exempt from income tax under section 501(a) of the federal Internal Revenue Code (other than an organization described in section 401(a) or under section 521 of the Internal Revenue Code), if:

(i) The remuneration for the service is less than $50; or

(ii) The service is performed by a fully ordained, commissioned, or licensed minister of a church in the exercise of the minister's ministry or by a member of a religious order in the exercise of duties required by the order;

(B) Service performed in the employ of a school, college, or university, if the service is performed by a student who is enrolled and is regularly attending classes at the school, college, or university; or

(C) Service performed by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at the institution, which combines academic instruction with work experience, if the service is an integral part of such program, and the institution has so certified to the employer, except that this subparagraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers;

(10) Service performed in the employ of a foreign government, including service as a consular or other officer or employee of a nondiplomatic representative;

(11) Service performed in the employ of an instrumentality wholly owned by a foreign government:

(A) If the service is of a character similar to that performed in foreign countries by employees of the United States government or of an instrumentality thereof; and

(B) If the United States Secretary of State has certified or certifies to the United States Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to similar service performed in the foreign country by employees of the United States government and of instrumentalities thereof;

(12) Service performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law; and service performed as an intern in the employ of a hospital by an individual who has completed a four-year course in a medical school chartered or approved pursuant to state law;

(13) Service performed by an individual for an employing unit as an insurance producer, if all service performed by the individual for the employing unit is performed for remuneration solely by way of commission;

(14) Service performed by an individual under the age of eighteen in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;

(15) Service covered by an arrangement between the department and the agency charged with the administration of any other state or federal unemployment compensation law pursuant to which all services performed by an individual for an employing unit during the period covered by the employing unit's duly approved election, are deemed to be performed entirely within the agency's state;

(16) Service performed by an individual who, pursuant to the federal Economic Opportunity Act of 1964, is not subject to the federal laws relating to unemployment compensation;

(17) Service performed by an individual for an employing unit as a real estate salesperson, if all service performed by the individual for the employing unit is performed for remuneration solely by way of commission;

(18) Service performed by a registered sales representative for a registered travel agency, when the service performed by the individual for the travel agent is performed for remuneration by way of commission;

(19) Service performed by a vacuum cleaner salesperson for an employing unit, if all services performed by the individual for the employing unit are performed for remuneration solely by way of commission;

(20) Service performed for a family-owned private corporation organized for profit that employs only members of the family who each own at least fifty per cent of the shares issued by the corporation; provided that:

(A) The private corporation elects to be excluded from coverage under this chapter;

(B) The election for exclusion shall apply to all shareholders and under the same circumstances;

(C) No more than two members of a family may be eligible per entity for exclusion under this paragraph;

(D) The exclusion shall be irrevocable for five years;

(E) The family-owned private corporation presents to the department proof that it has paid federal unemployment insurance taxes as required by federal law; and

(F) The election to be excluded from coverage shall be effective the first day of the calendar quarter in which the application and all substantiating documents requested by the department are filed with the department;

(21) Service performed by a direct seller as defined in section 3508 of the Internal Revenue Code of 1986;

(22) Service performed by an election official or election worker as defined in section 3309(b)(3)(F) of the Internal Revenue Code of 1986, as amended;

(23) Service performed by an inmate or any person committed to a penal institution; and

(24) Domestic in-home and community-based services for persons with developmental and intellectual disabilities under the medicaid home and community‑based services program pursuant to title 42 Code of Federal Regulations sections 440.180 and 441.300, and title 42 Code of Federal Regulations, part 434, subpart A, as amended, or when provided through state funded medical assistance to individuals ineligible for medicaid, and identified as chore, personal assistance and habilitation, residential habilitation, supported employment, respite, and skilled nursing services, as the terms are defined and amended from time to time by the department of human services, performed by an individual whose services are contracted by a recipient of social service payments and who voluntarily agrees in writing to be an independent contractor of the recipient of social service payments unless the individual is an employee and not an independent contractor of the recipient of social service payments under the federal Unemployment Tax Act.

(b) None of the exclusions in subsection (a) shall apply to any service with respect to which a tax is required to be paid under any federal law imposing a tax against which credit may be taken for contributions required to be paid into a state unemployment fund or which as a condition for full tax credit against the tax imposed by the federal Unemployment Tax Act is required to be covered under this chapter. [L 1939, c 219, §2(k)(6); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4208; am L 1945, c 19, §1; am L 1947, c 75, §1; am L 1951, c 191, §1(1), (2) and c 195, §1(2), (3); am L 1953, c 41, §1(2); RL 1955, §93-7; am L 1959, c 11, §1(b), c 222, §1(2), and c 232, §4; am L Sp 1959 2d, c 1, §27; am L 1961, c 81, §1 and c 141, §1; am L 1965, c 61, §1; am L 1967, c 51, §1; HRS §383-7; am L 1969, c 73, §§1, 2; am L 1971, c 187, §2 and c 213, §2; am L 1973, c 120, §1; am L 1974, c 156, §1; am L 1977, c 148, §2; am L 1982, c 192, §1 and c 194, §2; gen ch 1985; am L 1989, c 217, §2; am L 1990, c 284, §1; am L 1994, c 112, §2; am L 1996, c 223, §2 and c 306, §1; am L 1998, c 34, §1; am L 2003, c 212, §4; am L 2007, c 70, §3, c 97, §2, and c 259, §6; am L 2011, c 220, §15; am L 2012, c 158, §1]
Haw. Rev. Stat. § 371-16 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-16
Employers and entities offering long-term care insurance policies.
Status: in_force

(a) No later than July 1, 2000, every employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance" under section 431:10H-104, may apply the guidelines set out in title 29, Code of Federal Regulations, section 2510.3-1(j), as amended, if the employer chooses to offer group or group-type long-term care insurance as a benefit to employees in compliance with the federal Employee Retirement Income Security Act of 1974.

(b) Beginning July 1, 2000, every insurer, if it chooses, shall be allowed by every employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance", if they choose, to publicize one or more long-term care insurance policies that are made available under section 431:10H-401.

(c) This section shall not be construed to affect the marketing by insurers of individual long-term care insurance policies to an employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance" under section 431:10H-104. [L 1999, c 93, §3]
Haw. Rev. Stat. § 392-52 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-52
Disposition of accrued benefits where insurer is unable to locate employee.
Status: in_force

An insurer who is unable to pay benefits to an employee because the employee cannot be located, shall deposit the accrued benefits into the trust fund for disability benefits. Upon locating the employee, the director shall pay from the trust fund to the employee an amount equal to but not more than the amount paid into the fund by the employer. If the employee cannot be located for a period of two years from the date of deposit, the employee's unpaid benefits shall escheat to the trust fund for disability benefits.
Haw. Rev. Stat. § 392-74 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-74
Conclusiveness of determinations and decisions.
Status: in_force

Except insofar as reconsideration is had under section 392-79, any right, fact, or matter in issue, directly passed upon or necessarily involved in an appeal which has become final, shall be conclusive for all the purposes of this chapter.
Haw. Rev. Stat. § 378-36 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-36
Judicial review.
Status: in_force

Any person aggrieved by the order of the department of labor and industrial relations shall be entitled to judicial review as provided by section 91-14.
Haw. Rev. Stat. § 373-6 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-6
Issuance of license.
Status: in_force

(a) Upon receipt of an application for a license to conduct an employment agency, the director may issue the license if the applicant has met the requirements of this chapter and chapter 436B.

(b) Every license issued shall be valid only as to the employment agency and any branch offices of the employment agency.

(c) No license shall be issued to an employment agency that establishes or maintains a place of business in, or conducts business from, a home, apartment, hotel room, or any other location where the premises may be considered not in the public interest, unless approved by the director.

(d) A license issued under this chapter shall not be transferable. [L 1959, c 264, pt of §3; Supp, §88A-6; HRS §373-6; am L 1980, c 302, pt of §2; am L 2002, c 22, §5]
Haw. Rev. Stat. § 388-12 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-12
Reciprocal agreements with other states; actions.
Status: in_force

(a) The director of labor and industrial relations may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of such department or agency, for the collection in such other states of claims or judgments for wages and other demands based upon claims assigned to the director.

(b) The director may, to the extent provided for by any reciprocal agreement entered into by law or with an agency of another state as herein provided, maintain actions in the courts of such other state for the collection of claims for wages, judgments, and other demands and may assign such claims, judgments, and demands to the labor department or agency of such other state for collection to the extent that such an assignment may be permitted or provided for by the law of such state or by reciprocal agreement.

(c) The director may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer, or commission of such state authorized to act on behalf of such labor department or corresponding agency, maintain actions in the courts of this State upon assigned claims for wages, judgments, and demands arising in such other state in the same manner and to the same extent that such actions by the director are authorized when arising in this State. However, such actions may be maintained only in cases where such other state by law or reciprocal agreement extends a like comity to cases arising in this State. [L 1965, c 77, §1(c); Supp, §95-11; HRS §388-12]
Haw. Rev. Stat. § 378-69 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-69
Conflict with common law, precedence.
Status: in_force

The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a conflict between the terms and provisions of this part and any other law on the subject the more beneficial provisions favoring the employee shall prevail.
Haw. Rev. Stat. § 386-7 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-7
Interstate and foreign commerce and maritime employment.
Status: in_force

To the extent permissible under the Constitution and the laws of the United States, this chapter shall apply to employees and employers engaged in interstate and foreign commerce and to employees in maritime employment and their employers not otherwise provided for by the laws of the United States.
Haw. Rev. Stat. § 392-81 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-81
Notice of reconsideration.
Status: in_force

Notice of a reconsideration upon a claim shall be promptly given to the parties by delivery thereof or by mailing the notice to the last known address of each party.
Haw. Rev. Stat. § 378-7 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-7
§§378-7 to 378-9 REPEALED.
Status: repealed

§§378-7 to 378-9 REPEALED. L 1989, c 386, §§18 to 20.
Haw. Rev. Stat. § 383-130 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-130
Unemployment insurance technology special fund.
Status: in_force

(a) There is established in the state treasury the unemployment insurance technology special fund to be administered by the department. All assessments collected pursuant to section 383-131 and all moneys received by the fund from any other source shall be deposited in the unemployment insurance technology special fund.

(b) Moneys in the unemployment insurance technology special fund shall be used by the department for the operating expenses to operate and maintain the department's information technology infrastructure used for the payment of benefits and contributions as provided for in this chapter. Administrative costs for the collection of the unemployment insurance technology assessments and for costs related to the establishment and maintenance of the unemployment insurance technology special fund shall be borne by the fund.

(c) The director shall submit a report to the legislature on the status of the unemployment insurance technology special fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session; provided that the director may include the report in the report required by section 383-126.5. [L 2023, c 208, pt of §1]
Haw. Rev. Stat. § 386-202 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-202
Misrepresentation prohibited.
Status: in_force

No person shall make a material misrepresentation or omission of a material fact in connection with the solicitation of membership of a group.
Haw. Rev. Stat. § 386-172 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-172
Administration and procedure.
Status: in_force

Section 386-171 shall be administered by the director of labor and industrial relations. Procedure in respect of claims hereunder, including procedure upon appeals, shall correspond to the procedure provided under this chapter. Notice of injury shall be given to the head of the department for which the injured person is performing service, and the department head shall report the injury to the director. The director may make such rules and regulations as the director may deem necessary or convenient for carrying out section 386-171.
Haw. Rev. Stat. § 378-102 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-102
[ §378-102] Unlawful practices.
Status: in_force

[ §378-102] Unlawful practices. It shall be unlawful for any employer to:

(1) Require an employee to download a 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 as a condition of employment or continued employment; or

(2) Terminate, discharge, or otherwise discriminate against an employee for:

(A) Refusing to download or refusing to consent to download to the employee's personal communication device, a mobile application that enables the employee's location to be tracked or the employee's personal information to be revealed; or

(B) Opposing any practice forbidden by this part or filing a complaint, testifying, or assisting in any proceeding concerning an unlawful practice prohibited under this part. [L 2021, c 206, pt of §2]
Haw. Rev. Stat. § 383-77 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-77
Employers' coverage, election.
Status: in_force

Any employing unit, for which services that do not constitute employment as defined in this chapter are performed, may file with the department of labor and industrial relations a written election that all such services performed with respect to which payments are not required under an employment security law of any other state or of the federal government, and which are performed by individuals in its employ in one or more distinct establishments or places of business, shall be deemed to constitute employment by an employer for all of the purposes of this chapter for not less than two calendar years.

Upon the written approval of the election by the department, the services shall be deemed to constitute employment subject to this chapter from the first day of the calendar quarter in which the approval is granted. The services shall cease to be deemed employment subject hereto as of January1 of any calendar year subsequent to such two calendar years, only if at least thirty days prior to such first day of January the employing unit has filed with the department a written notice to that effect. [L 1939, c 219, §8; am L 1941, c 304, §1, subs 27; am L 1943, c 160, §1, subs 8; RL 1945, §4262; RL 1955, §93-76; am L 1957, c 74, §2(2); am L Sp 1959 2d, c 1, §27; HRS §383-77; am L 1969, c 7, §1; am L 1982, c 20, §2]
Haw. Rev. Stat. § 383-110 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-110
[ §383-110 Personnel security program; criminal history record checks.
Status: in_force

[ §383-110 Personnel security program; criminal history record checks.] (a) The department shall establish a personnel security program that ensures a background investigation is completed at the appropriate level designated by the federal government for any individual who will have access to federal tax information, including a contractor and its employees or agents, if prior authority to access federal tax information has been provided by the United States Department of the Treasury. This program shall include criminal history record checks in accordance with section 846-2.7. Information obtained pursuant to this subsection shall be used exclusively by the department for the purpose of determining whether the person is suitable for accessing federal tax information in accordance with applicable federal laws.

(b) The department may terminate or deny employment to any employee or applicant, or terminate or refuse to secure the services of a contractor and its employees or agents authorized under subsection (a), if the department finds by reason of the background investigation conducted under subsection (a) that the employee, applicant, contractor, or contractor's employees or agents pose a risk to the security of federal tax information. Termination or denial of employment under this subsection shall only occur after appropriate notification to the employee, applicant, or contractor of the findings of the background investigation, and after the employee, applicant, or contractor is given an opportunity to meet and rebut the findings. Nothing in this subsection shall abrogate any applicable appeal rights under chapters 76 and 89, or administrative rules of the department.

(c) The department shall be exempt from section 831-3.1 and need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91. [L 2017, c 132, §4]
Haw. Rev. Stat. § 383-31 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-31
Posting of information.
Status: in_force

Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the department of labor and industrial relations may by regulation prescribe. Each employer shall supply to such individuals copies of such printed statements or other materials relating to claims for benefits when and as the department may by regulation prescribe. Such printed statements and other materials shall be supplied by the department to each employer without cost to the employer.
Haw. Rev. Stat. § 383-32 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-32
Filing of claim.
Status: in_force

Claims for benefits shall be made in accordance with such regulations as the department of labor and industrial relations may prescribe.
Haw. Rev. Stat. § 393-5 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-5
Excluded services.
Status: in_force

"Employment" as defined in section 393-3 does not include:

(1) Service performed by an individual in the employ of an employer who, by the laws of the United States, is responsible for care and cost in connection with such service;

(2) Service performed by an individual in the employ of [the] individual's spouse, son, or daughter, and service performed by an individual under the age of twenty-one in the employ of the individual's father or mother;

(3) Service performed in the employ of a voluntary employee's beneficiary association providing for the payment of life, sick, accident, or other benefits to the members of the association or their dependents or their designated beneficiaries, if:

(A) Admission to membership in the association is limited to individuals who are officers or employees of the United States government; and

(B) No part of the net earnings of the association inures (other than through such payments) to the benefits of any private shareholder or individual;

(4) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor if all service performed by the individual for the employer is performed for remuneration by way of commission;

(5) Service performed by an individual for an employer as a real estate salesperson or as a real estate broker if all service performed by the individual for the employer is performed for remuneration by way of commission;

(6) Service performed by an individual who, pursuant to the federal Economic Opportunity Act of 1964, is not subject to the provisions of law relating to federal employment, including unemployment compensation;

(7) Domestic in-home and community-based services for persons with developmental and intellectual disabilities under the medicaid home and community-based services program pursuant to title 42 Code of Federal Regulations sections 440.180 and 441.300, and title 42 Code of Federal Regulations, part 434, subpart A, as amended, or when provided through state funded medical assistance to individuals ineligible for medicaid, and identified as chore, personal assistance and habilitation, residential habilitation, supported employment, respite, and skilled nursing services, as the terms are defined and amended from time to time by the department of human services, performed by an individual whose services are contracted by a recipient of social service payments and who voluntarily agrees in writing to be an independent contractor of the recipient of social service payments; and

(8) Domestic services, which include attendant care, and day care services authorized by the department of human services under the Social Security Act, as amended, or when provided through state-funded medical assistance to individuals ineligible for medicaid, when performed by an individual in the employ of a recipient of social service payments. For the purposes of this paragraph only, a "recipient of social service payments" is a person who is an eligible recipient of social services such as attendant care or day care services. [L 1974, c 210, pt of §1; am L 1978, c 110, §6; gen ch 1985; am L 1987, c 339, §4; am L 1989, c 217, §2; gen ch 1993; am L 2007, c 259, §9; am L 2011, c 220, §15; am L 2012, c 157, §3 and c 158, §4]
Haw. Rev. Stat. § 371-15 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-15
Manpower planning administrator.
Status: in_force

The position of manpower planning administrator which shall be exempt from chapter 76 is established within the department of labor and industrial relations. The manpower planning administrator shall be appointed by the director with the concurrence of the state manpower services council. The manpower planning administrator shall supervise and direct operations and functions of the office of manpower planning within the department of labor and industrial relations. The administrator shall also serve as executive director of the state manpower services council as established under the Federal Comprehensive Employment and Training Act of 1973, as amended.
Haw. Rev. Stat. § 392-25 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-25
Eligibility for benefits.
Status: in_force

An individual is eligible to receive temporary disability benefits if the individual has been in employment for at least fourteen weeks during each of which the individual has received remuneration in any form for twenty or more hours and earned wages of at least $400, during the fifty-two weeks immediately preceding the first day of disability.
Haw. Rev. Stat. § 383-96 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-96
Service.
Status: in_force

Whenever it is provided herein that any service shall be made upon the department of labor and industrial relations, such service may be made upon the director of labor and industrial relations or upon such representative as the director may have designated for that purpose.
Haw. Rev. Stat. § 380-14 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-14
Proceedings arising under employment relations act; court jurisdiction over.
Status: in_force

(a) When granting appropriate temporary relief or a restraining order, or making and entering a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part an order of the Hawaii labor relations board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by this chapter.

(b) The board shall have power, upon the filing of a complaint as provided in section 377-9 to petition any circuit court of the State within any circuit wherein the unfair labor practice in question is alleged to have occurred or wherein the person resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of any such petition the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction to grant to the board such temporary relief or restraining order as it deems just and proper.

(c) Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of section 377-7(5), (6), (7), (8), and (9), the preliminary investigation of that charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after the investigation, the board has reasonable cause to believe the charge is true, it shall petition any circuit court of the State within any circuit where the unfair labor practice in question has occurred, is alleged to have occurred, or wherein the person resides or transacts business, for appropriate injunctive relief pending the final adjudication of the board with respect to that matter. Upon the filing of any such petition, the circuit court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper, notwithstanding any other provision of law or rule of court; provided that no temporary restraining order shall be issued without notice unless a petition alleges that substantial and irreparable injury to the charging party will be unavoidable and the temporary restraining order shall be effective for no longer than five days and will become void at the expiration of that period; provided further that the board shall not apply for any restraining order under section 377-7(5), (6), (7), (8), and (9) if a charge against the employer under section 377-6(2) has been filed and after the preliminary investigation, the board has reasonable cause to believe that the charge is true and that a complaint should be issued. Upon the filing of any such petition, the courts shall cause notice thereof to be served upon any person involved in the charge and the person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony; provided that for the purposes of this subsection, circuit courts shall be deemed to have jurisdiction of a labor organization in:

(1) The circuit in which the organization maintains its principal office; or

(2) Any circuit in which the organization's duly authorized officers or agents are engaged in promoting or protecting the interests of employee members. The service of legal process upon an officer or agent shall constitute service upon the labor organization and make the organization a party to the suit. [L 1963, c 200, §14; Supp, §90B-14; HRS §380-14; am L 1973, c 31, §9; am L 1985, c 251, §26; am L 2016, c 55, §7]
Haw. Rev. Stat. § 386-124 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-124
The insurance contract.
Status: in_force

Every policy of insurance issued by an insurer of an employer referred to in section 386-1 which covers the liability of the employer for compensation shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and provide for the deductible under section 386-100, at the option of the insured. The policy also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurance carrier a party to the original claim, the liability of the insurance carrier in whole or in part for the payment of the compensation. Payment in whole or in part of compensation by either the employer or the insurance carrier shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.

All insurance policies shall be of a standard form, the form to be designated and approved by the insurance commissioner. No policy of insurance different in form from the designated and approved form shall be approved by the director. [L 1963, c 116, pt of §1; Supp, §97-123; HRS §386-124; am L 1985, c 296, §19; gen ch 1985]
Haw. Rev. Stat. § 386-93 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-93
Costs.
Status: in_force

(a) If the director of labor and industrial relations, appellate board, or any court finds that proceedings under this chapter have been brought, prosecuted, or defended without reasonable ground, the whole costs of the proceedings including reasonable attorney's fees may be assessed against the party who has brought, prosecuted, or defended the proceedings.

(b) If an employer appeals a decision of the director or appellate board, the costs of the proceedings of the appellate board or the appellate court, together with reasonable attorney's fees, shall be assessed against the employer if the employer loses; provided that if an employer or an insurance carrier, other than the employer who appealed, is held liable for compensation, the costs of the proceedings of the appellate board or the appellate court, together with reasonable attorney's fees, shall be assessed against the party held liable for the compensation. [L 1963, c 116, pt of §1; Supp, §97-102; am L 1967, c 180, §1; HRS §386-93; am L 1969, c 244, §2g; am L 2004, c 202, §45; am L 2006, c 94, §1; am L 2010, c 109, §1; am L 2012, c 234, §1]
Haw. Rev. Stat. § 373L-5 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-5
Rules.
Status: in_force

The director shall adopt rules pursuant to chapter 91 that the director deems necessary for the effective administration and enforcement of this chapter.
Haw. Rev. Stat. § 371-17 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-17
Millennium workforce development training program.
Status: in_force

(a) There is established a millennium workforce development training program, hereinafter referred to as the program, that shall be placed with the department of business, economic development, and tourism for administrative purposes. The program shall provide education and training at the post-high school to graduate levels, and shall include public, private, and for-profit educational institutions. In the design and delivery of training, the program may cooperate or contract with other public, private, and for-profit institutions.

(b) The program shall seek and encourage partnerships with private sector industries such as biotechnology, information technology, environmental science and technology, and telecommunications, as may be appropriate, to provide pre-employment or employment training, or on-the-job training for employees and prospective employees.

(c) The department of business, economic development, and tourism shall establish and lead a public and private partnership task group, that shall include representatives from the department of labor and industrial relations, the University of Hawaii at Manoa, the University of Hawaii community colleges, and private sector representatives to advise on the program design, industry, recruitment, and training delivery activities of participating entities.

(d) In carrying out the duties of this section, the department of business, economic development, and tourism and the University of Hawaii shall seek and utilize any available funding sources, including grant moneys. [L 1999, c 178, §12; am L 2001, c 249, §1]
Haw. Rev. Stat. § 371-21 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-21
[ §371-21] K-12 agriculture workforce development pipeline initiative.
Status: in_force

[ §371-21] K-12 agriculture workforce development pipeline initiative. (a) There shall be created in the department a k-12 agriculture workforce development pipeline initiative to conduct training sessions for teachers and school administrators on the islands of Oahu, Hawaii, Maui, Molokai, Lanai, and Kauai, regarding agricultural self-sufficiency.

(b) The k-12 agriculture workforce development pipeline initiative shall be headed by a coordinator who shall be appointed by the director, subject to chapter 76, to carry out the purposes of this section, which may include developing and proposing scholarships, travel offsets, course credits, and stipends. The coordinator may hire, subject to chapter 76, necessary staff, including a workforce development specialist, to carry out the purposes of this section.

(c) Course material for the training sessions under subsection (a) shall be approved by the Hawaii agriculture workforce advisory board established pursuant to section 371-19.

(d) The department shall submit annual reports to the legislature on the activities of the k-12 agriculture workforce development pipeline initiative. [L 2016, c 229, §2]
Haw. Rev. Stat. § 386-52 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-52
Credit for voluntary payments and supplies in kind.
Status: in_force

(a) Any payments made by the employer to the injured employee during the employee's disability or to the employee's dependents which by the terms of this chapter were not payable when made, shall be deducted from the amount payable as compensation subject to the approval of the director; provided that:

(1) The employer notifies the injured employee and the director in writing of any such credit request stating the reasons for such credit and informing the injured employee that the employee has the right to file a written request for a hearing to submit any evidence to dispute such a credit;

(2) The deduction shall be made by shortening the period during which the compensation must be paid, or by reducing the total amount for which the employer is liable and not the amount of weekly benefits;

(3) If overpayment cannot be credited, the director shall order the claimant to reimburse the employer. Failure to reimburse the employer shall entitle the employer to file for enforcement of such a decision in accordance with section 386-91.

(b) If the employer continues to furnish to the injured employee, during the employee's disability, or to the employee's dependents, during their entitlement to weekly benefits, board, lodging, fuel, and other advantages the value of which has been included in the calculation of wages as provided in section 386-1, the furnishing of such advantages may be considered as payment in kind of that portion of the compensation which is based on such remuneration in kind; but if at any time during the compensation period the employer ceases to furnish such advantages, no further deduction of the value of such advantages as payment in kind from the compensation shall be permissible. [L 1963, c 116, pt of §1; Supp, §97-51; HRS §386-52; am L 1979, c 66, §2; gen ch 1985]
Haw. Rev. Stat. § 394-2 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-2
Establishment of programs.
Status: in_force

(a) There is established within the department of labor and industrial relations manpower development and training programs for the various industries in the State. The training programs are to be developed to assist those unemployed and underemployed persons who cannot reasonably be expected to obtain suitable full-time employment without the benefit of training. Instruction and training shall be provided by the department of education and the University of Hawaii system, and/or other suitable agencies. Where a need is indicated to overcome barriers to possible training, the department of labor and industrial relations, either on its own or in cooperation with the various departments and agencies of the state and county governments and private industry, may arrange for transportation, child care, health care and other aids to employment. The department of labor and industrial relations is also authorized to formulate and carry out a program of providing useful public service employment to unemployed persons other than public assistance recipients.

(b) The department of human services is authorized to formulate and carry out a program of providing useful public service employment to public assistance recipients. Refusal to accept suitable work as determined by the department of human services without justifiable reasons shall render an unemployed or underemployed recipient ineligible for public assistance. [L 1969, c 251, §2; am L 1971, c 188, §2; am L 1972, c 53, §1; am L 1987, c 339, §4]
Haw. Rev. Stat. § 388-6 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-6
Withholding of wages.
Status: in_force

No employer may deduct, retain, or otherwise require to be paid, any part or portion of any compensation earned by any employee except where required by federal or state statute or by court process or when such deductions or retentions are authorized in writing by the employee, provided that the following may not be so authorized, or required to be borne by the employee:

(1) Fines;

(2) Cash shortage in a common money till, cash box, or register used by two or more persons; or cash shortage in a money till, cash box, or register under sole control if the employee is not given an opportunity to account for all moneys received at the start of a shift and all moneys turned in at the end of a shift;

(3) Fines, penalties, or replacement costs for breakage;

(4) Losses due to acceptance by an employee of checks which are subsequently dishonored if employee is given discretion to accept or reject any check;

(5) Losses due to defective or faulty workmanship, lost or stolen property, damage to property, default of customer credit, or nonpayment for goods or services received by customer if such losses are not attributable to employee's wilful or intentional disregard of employer's interest; or

(6) Medical or physical examination or medical report expenses which accrue due to services rendered to an employee or prospective employee, where such examination or report is requested or required by the employer or prospective employer or required by any law or regulation of federal, state or local governments or agencies thereof. [L 1963, c 158, pt of §3; Supp, §95-5; HRS §388-6; am L 1972, c 121, §1; am L 1977, c 90, §1]
Haw. Rev. Stat. § 381-13 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-13
Labor organizations, collective bargaining.
Status: in_force

Nothing in this chapter shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection; provided that in so doing this chapter, when applicable, shall be followed and complied with.
Haw. Rev. Stat. § 383-72 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-72
Priorities under legal dissolutions or distributions.
Status: in_force

In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceedings, contributions then or thereafter due shall be paid in full prior to all other claims except taxes and claims for wages of not more than $300 to each claimant, earned within six months of the commencement of the proceeding. In the event of an employer's adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal Bankruptcy Act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided in section 64(a) of that Act (11 U.S.C. sec. 104(a)), as amended.
Haw. Rev. Stat. § 398-10 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-10
Applicability.
Status: in_force

(a) Section 398-3 shall set a minimum standard that is not intended to replace family leave policies that exist as of the effective date of this Act and that provide for equal or greater employment benefits than those benefits afforded under this chapter.

(b) Nothing in this chapter shall be construed to modify, eliminate, or otherwise abrogate any existing family leave policies, employment benefits, or protections that employees may have pursuant to any employment contracts or collective bargaining agreements, to the extent that the contracts and agreements provide greater protections than those afforded under this chapter.

(c) To the extent the provisions of this chapter contradict or otherwise conflict with any contract rights or collective bargaining agreements in existence as of the date of this Act, the provisions that provide greater benefits to the employees shall control. [L 1991, c 328, pt of §1]
Haw. Rev. Stat. § 383-163.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-163.5
Child support intercept of unemployment benefits.
Status: in_force

(a) An individual filing a new claim for unemployment compensation, at the time of filing such claim, shall disclose whether or not that individual owes child support obligations as defined under subsection (g). If any individual owes child support obligations and is determined to be eligible for unemployment compensation, the department shall notify the child support enforcement agency that the individual has been determined to be eligible for unemployment compensation.

(b) The department shall deduct and withhold, from any unemployment compensation payable to an individual who owes child support obligations, one of the following:

(1) The amount specified by the individual to the department to be deducted and withheld under this subsection, if neither paragraph (2) nor (3) is applicable;

(2) The amount, if any, determined pursuant to an agreement submitted to the department under section 454(20)(B)(i) of the Social Security Act by the child support enforcement agency, unless paragraph (3) is applicable; or

(3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the department.

(c) Any amount deducted and withheld under subsection (b) shall be paid by the department to the child support enforcement agency.

(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the child support enforcement agency in satisfaction of the individual's child support obligations.

(e) For purposes of subsections (a) to (d), the term "unemployment compensation" means any compensation payable under this chapter, chapter 385, and amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(f) This section applies only if appropriate arrangements have been made for reimbursement by the child support enforcement agency for the administrative costs incurred by the department under this section.

(g) As used in this section, the term "child support obligations" includes only obligations which are being enforced pursuant to section 576D-1.

(h) As used in this section, the term "child support enforcement agency" means the agency established under chapter 576D. [L 1982, c 58, §7; am L 1986, c 332, §10; am L 1998, c 153, §3]
Haw. Rev. Stat. § 377-5 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-5
Representatives and elections.
Status: in_force

(a) Representatives chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representatives of all of the employees in such unit for the purposes of collective bargaining. Any individual employee or any minority group of employees in any collective bargaining unit shall have the right at any time to present grievances to their employer in person or through representatives of their own choosing.

(b) Whenever a question arises concerning the determination of a collective bargaining unit as defined in section 377-1, the board, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this chapter, shall conduct an appropriate hearing upon due notice and it shall decide in each case the unit appropriate for the purpose of collective bargaining.

(c) Whenever a question arises concerning the representation of employees in a collective bargaining unit, the board shall determine the representatives thereof by taking a secret ballot of employees and certifying in writing the results thereof to the interested parties and to their employer. There shall be included on any ballot for the election of representatives the names of all persons submitted by an employee or group of employees participating in the election, except that the board may in its discretion exclude from the ballot one who, at the time of the election, stands deprived of one's rights under this chapter by reason of a prior adjudication of one's having engaged in an unfair labor practice. The ballot shall be so prepared as to permit of a vote against representation by anyone named on the ballot. The board's certification of the results of any election shall be conclusive unless an appeal is taken therefrom under this chapter.

(d) Questions concerning the representation of employees may be raised by petition of any employee, or group of employees, or the employee's representative, or labor organization acting in their behalf, or by petition of the employee's employer in the case of jurisdictional disputes, or in any case after a union has requested recognition. Where it appears by the petition that an emergency exists requiring prompt action, the board shall act upon the petition forthwith and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held shall not prevent the holding of another election among the same group of employees, if it appears to the board that sufficient reason therefor exists. In any election where the choices on the ballot do not receive a majority, a run off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. [L 1945, c 250, §7; RL 1955, §90-6; am L 1965, c 244, §3; HRS §377-5; am L 1985, c 251, §15; gen ch 1985]
Haw. Rev. Stat. § 386-21.1 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-21.1
Medical care, services, and supplies for controverted claims.
Status: in_force

In the event of a controverted claim, the injured employee's private health care plan shall pay for or provide medical care, services, and supplies in accordance with the private health care contract. When the claim is accepted or determined to be compensable, the employer shall reimburse the private health care plan and the injured employee in amounts as authorized by this chapter and rules adopted by the director.
Haw. Rev. Stat. § 396-16 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-16
Exception for federal jurisdiction.
Status: in_force

Nothing in this chapter shall apply to working conditions of employees with respect to which any federal agency exercises statutory authority to prescribe and enforce standards or regulations affecting occupational safety or health.
Haw. Rev. Stat. § 396-15 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-15
Exception to liability.
Status: in_force

Any employee who is required by the regulations under this chapter to be trained and certified in first aid, and consequently renders first aid care as provided by this chapter, shall not be liable for any civil damages resulting from the employee's acts or omissions, except for such damages as may result from the employee's gross negligence or wanton acts or omissions.
Haw. Rev. Stat. § 386-199 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-199
Service companies.
Status: in_force

(a) No service company or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or indirect financial interest in, an administrator. No administrator or its employees, officers, or directors shall be an employee, officer, or director of, or have either a direct or indirect financial interest in, a service company.

(b) The service contract shall state that unless the insurance commissioner permits otherwise the service company shall handle all claims and other obligations incurred during the contract period to their conclusion. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 392-78 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-78
Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights.
Status: in_force

(a) Any person who has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount unless the overpayment was received without fault on the part of the recipient and its recovery would be against equity and good conscience. Notice of a reconsideration under section 392-79 in such cases shall specify that the person is liable to repay the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which such benefits were paid.

(b) The person liable shall, in the discretion of the referee, either repay such amount or have the amount deducted from any future benefits payable under this chapter within two years after the date of mailing of the notice of reconsideration or the final decision on an appeal from such reconsideration.

(c) In any case in which under this section an individual is liable to repay any amount, the amount shall be payable without interest.

(d) In accordance with sections 392-71 and 392-72, an insurer, self-insured employer or the trust fund for disability benefits shall have a right to appeal for the recovery of disability benefits which were overpaid an employee. Subsections (a) through (c) shall be applicable in the recovery of overpaid benefits. [L 1969, c 148, pt of §1; am L 1981, c 14, §1; gen ch 1985; am L 2013, c 100, §8]
Haw. Rev. Stat. § 398-23 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-23
Investigation and conciliation.
Status: in_force

(a) The department may investigate and conciliate any complaint filed under this chapter.

(b) Every employer shall furnish or provide to the department access to records, documents, and other material to determine compliance with this chapter. The department shall have the right to examine, photograph, or copy the material and interview witnesses at the place of employment or business during regular working hours with respect to any matter under this chapter.

(c) The department may require by subpoena the attendance and testimony of witnesses and the production of all records, payrolls, correspondence, documents, and other material relative to any matter under investigation.

(d) If the department determines after investigation that this chapter has been violated, the department shall inform the employer and endeavor to remedy the violation by informal methods, such as conference or conciliation.

(e) If the department finds that methods in subsection (d) will not resolve the complaint, the department shall issue an order and a demand for compliance.

(f) If the department issues an order that finds that an employer has violated the requirements of this chapter, the department may prescribe relief as provided under this chapter. [L 1995, c 154, pt of §3]
Haw. Rev. Stat. § 385-5 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-5
Maximum benefits payable.
Status: in_force

A claimant's maximum potential additional unemployment benefits shall be thirteen times the claimant's weekly benefit amount, and shall be determined in the week in which the claimant first claims for additional unemployment benefits and shall remain unchanged for the period specified in section 385-16.
Haw. Rev. Stat. § 383-10 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-10
Definition of wages.
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "wages", subject to section 383-11, means all remuneration for services from whatever source, including commissions and bonuses, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer, 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 department of labor and industrial relations.
Haw. Rev. Stat. § 396-7 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-7
Toxic materials.
Status: in_force

(a) The department shall issue regulations requiring employers to maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents which are required to be monitored or measured as prescribed under the rules and regulations.

(b) All employers shall prominently post information regarding hazards in the employer's workplace including information about suitable precautions, relevant symptoms, and emergency treatment in case of exposure, and where appropriate, medical examination at no cost to employees with the results of such medical examinations being furnished only to appropriate state officials, and if the employee so requests, to the employee's own physician. Where possible, said information shall additionally be posted or labeled on or near said hazard. Where suitable protective equipment is available, all employers shall provide information concerning their availability and use to the affected employees including control or technological procedures with respect to such hazards including monitoring or measuring exposure.

(c) No employee shall be permitted regular exposure to any substance which may materially impair the employee's health or functional capacity.

(d) All employers shall provide prompt information to employees when they have been or are being exposed to toxic materials and harmful physical agents in concentrations or at levels in excess of those prescribed in the applicable safety and health standards. This information may be fulfilled by:

(1) Observation by employees of the monitoring or measuring of such materials or agents;

(2) Employee access to the records of such monitoring or measuring after notice of exposure, and explanation of said monitoring or measuring procedures where necessary;

(3) In addition to the above, information shall be provided to the employees of corrective action being taken. [L 1972, c 57, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 383-35 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-35
Appeal pending when redetermination issued.
Status: in_force

In the event that an appeal involving a determination or a prior redetermination is pending as of the date a redetermination thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination.
Haw. Rev. Stat. § 392-43 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-43
Authority to withhold contributions, rate of contribution, maximum weekly wage base.
Status: in_force

(a) Subject to the limitation set forth in subsection (b) an employer may deduct and withhold contributions, from each employee of one-half the cost but not more than .5 per cent of the weekly wages earned by the employee in employment and the employer shall provide for the balance of the cost of providing temporary disability benefits under this chapter over the amount of contributions of the employer's employees. Unless a different rule is prescribed by regulation of the director, the withholding period shall be equal to the pay period of the respective employee.

(b) Weekly wages for the purposes of this section shall not include:

(1) Wages earned by an employee in employment during any payroll period unless, during the fifty-two weeks immediately preceding such payroll period, the employee has earned wages of at least $400 and has been in employment for at least fourteen weeks during each of which the employee has received remuneration in any form for twenty or more hours; and

(2) Remuneration in excess of one fifty-second of the average annual wage in the State as determined for the preceding year pursuant to section 383-61(b) multiplied by the factor 1.21, which amount the director shall cause to be published annually prior to the first day of January following the determination.

(c) The contributions of the employees deducted and withheld from their wages by their employer shall be held in a separate fund or be paid to insurance carriers as premiums, for the purpose of providing benefits required by this chapter.

(d) The director shall have authority to prescribe by regulation the reports and information necessary to determine the cost of providing temporary disability benefits under this chapter, especially in the case of employers or employer associations providing such benefits by means of self-insurance, and to determine the procedures for the determination of such cost.

(e) An employee from whose wages amounts greater than those authorized by this chapter have been withheld by the employee's employer shall be entitled to a refund or credit of the excess as prescribed by regulation of the director.

(f) The contributions of employees deducted and withheld in amounts greater than those authorized by this chapter, shall be deposited in the trust fund for disability benefits if such employees are no longer with the employer and cannot be located. A refund of the excess shall be paid from the trust fund for disability benefits to the employees when they are located or if such employees remain unlocated for a period of two years from the date of deposit, such moneys shall become a part of the trust fund.

(g) If an employer fails to provide coverage for the employer's employees after deducting and withholding contributions from the employer's employees as prescribed by this chapter, the employer shall deposit such contributions in the [trust fund for disability benefits]. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(f); gen ch 1985; am L 1999, c 30, §2; am L 2013, c 100, §8]
Haw. Rev. Stat. § 383-37 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-37
Appeal tribunal.
Status: in_force

Appeals from determinations and redeterminations with respect to benefits shall be heard by an impartial referee for unemployment compensation appeals, who shall serve as the appeal tribunal. The referee shall be appointed as provided by section 383-98.
Haw. Rev. Stat. § 397-2 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-2
Findings and purpose.
Status: in_force

The legislature finds that the Hawaii occupational safety and health law does not adequately provide for the safe operation and use of pressure retaining items, amusement rides, and elevators and kindred equipment. The purpose of this law is to assure the safe operation and use of such apparatus in Hawaii.
Haw. Rev. Stat. § 382-1 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-1
Definitions.
Status: in_force

As used in this chapter unless the context clearly indicates otherwise:

"Company" and "stevedoring company" mean any persons engaged in the stevedoring industry as an employer whether in the business of furnishing stevedoring services or related services or both.

"Employee" means any person employed by an employer.

"Employer" means any person who employs the services of employees in the stevedoring industry, but shall not include the State or any agency thereof.

"Industrial dispute" and "labor dispute" mean any controversy concerning wages, hours, or other terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange wages, hours, or other terms or conditions of employment.

"Labor organization" means any organization of employees which exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning wages, hours, and other terms and conditions of employment.

"Lockout" means the refusal of an employer to furnish work to employees as the result of a labor dispute between the employer and its employees.

"Person" includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, trustees, or receivers.

"Related services" means and includes all services, other than stevedoring services, ordinarily or necessarily performed in regard to cargo, goods, wares, and merchandise of every kind arriving at a terminal facility for shipment by or discharge from vessels and other craft; and "related facilities" means and includes all facilities in connection therewith.

"Stevedoring industry" means the business of furnishing services for the loading and unloading of cargo transported or to be transported on vessels and other craft, at any ports within the State, and also means the business of furnishing related services, as herein defined.

"Stevedoring services" means services for the loading and unloading of cargo transported or to be transported on vessels and other craft and the handling of lines of vessels and other craft, at any ports within the State.

"Strike" means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of employees.

"Terminal facility" means any dock, wharf, pier, quay, bulkhead, or landing, with the appurtenances thereto, and any warehouse used in connection therewith. [L 1951, c 209, §2; RL 1955, §92-2; HRS §382-1]

Revision Note

Numeric designations deleted and definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 390-6 — HI Code / Division 1 / Title 21 / Chapter 390 / Section 390-6
Rules.
Status: in_force

The director shall adopt rules pursuant to chapter 91, necessary for the purpose of this chapter.
Haw. Rev. Stat. § 378-68 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-68
Notices of employee protections and obligations.
Status: in_force

An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this subpart.
Haw. Rev. Stat. § 393-44 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-44
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 premium supplementation fund 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. § 387-16 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-16
Order of wage payment violation; appeal; judicial review.
Status: in_force

(a) When the department, as a result of the department's own investigation, finds that a violation of this chapter or rules adopted under this chapter has been committed and not corrected, the department shall issue an order of wage payment violation to the employer in violation. The order shall include any amount assessed pursuant to section 387-12(a).

(b) The order of wage payment violation shall be final and conclusive unless the employer files a written notice of appeal with the director within twenty days after a copy of the order of wage payment violation has been sent to the employer.

(c) A hearing on the written notice of appeal shall be held pursuant to chapter 91, by a hearings officer appointed by the director, within thirty days of the filing of the notice of appeal. A decision stating the findings of fact and conclusions of law shall be issued by the hearings officer within thirty days after the conclusion of the hearing.

(d) Any party to an appeal under this chapter may obtain judicial review of the decision issued by the hearings officer in the manner provided under chapter 91. [L 2025, c 115, pt of §1]
Haw. Rev. Stat. § 398-25 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-25
Civil action.
Status: in_force

(a) If an employer fails or neglects to comply with the:

(1) Final order of the department from which no appeal has been taken as provided by this chapter; or

(2) Final decision of the hearings officer,

the department or the affected employee may apply to any court of competent jurisdiction to enforce the provisions of the final order or decision and for any other appropriate relief. In any proceeding to enforce the provisions of the final order or decision, the department or the affected employee need only file with the court proof that a certified copy of the final order or decision was served. In the case of the final decision, proof that the notice of hearing was given also must be filed with the court.

(b) Any action to enforce this chapter, or to recover damages or equitable relief prescribed by this chapter, may be maintained in any court of competent jurisdiction by any one or more employees for and on behalf of the employee or employees, or the employee or employees may designate an agent or representative to maintain the action.

(c) In any action brought under this chapter, the court shall allow, in addition to any judgment awarded to the plaintiff, costs of action, including fees of any nature, and reasonable attorney's fees to be paid by the defendant. [L 1995, c 154, pt of §3]
Haw. Rev. Stat. § 373-1 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-1
Definitions.
Status: in_force

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

"Actual earnings from employment" means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, but shall not include the reasonable cost to an employer of furnishing an employee with fringe benefits or board, lodging, or other facilities and non-cash gratuities of any kind.

"Applicant" means any person who uses the services of an employment agency to secure employment for that person.

"Branch office" means an employment agency office maintained away from the principal employment agency office.

"Director" means the director of commerce and consumer affairs.

"Employer" means any individual, partnership, corporation, or association, employing or seeking to employ any person for hire.

"Employment agency" means any individual, partnership, corporation, or association engaged in the business of providing employment information, procuring employment for applicants, or procuring employees for placement with employers upon request, for a fee or other valuable thing, exacted, charged, or received, but shall not include the United States or the State or instrumentalities thereof.

"Gross wages, salaries, or commissions" means the gross amount of the applicant's actual earnings from employment.

"Principal agent" means the responsible managing agent who is responsible for managing an employment agency and who is responsible for all business transactions and actions by the agency's employees. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-1; HRS §373-1; am L 1980, c 302, pt of §2; am L 1983, c 84, §1(2); am L 1985, c 135, §1; am L 2002, c 22, §1]
Haw. Rev. Stat. § 398A-2 — HI Code / Division 1 / Title 21 / Chapter 398A / Section 398A-2
[ §398A-2] Inapplicability.
Status: in_force

[ §398A-2] Inapplicability. This chapter shall not apply to any leave of absence provided to any public employee serving as an organ or bone marrow donor pursuant to section 78-23.6.
Haw. Rev. Stat. § 386-129 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-129
Employees not to pay for insurance; penalty.
Status: in_force

No agreement by an employee to pay any portion of the premium paid by the employee's employer, or to contribute to a benefit fund or department maintained by the employer, or to the cost of mutual or other insurance maintained for or carried for the purpose of securing compensation as herein required, shall be valid; and any employer who makes a deduction for that purpose from the wages or salary of any employee entitled to the benefits of this chapter shall be fined not more than $5,000.
Haw. Rev. Stat. § 383-176 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-176
Limitation of extended benefits by trade readjustment allowance.
Status: in_force

Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual, but for this section, would be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amount as trade readjustment allowance within that benefit year, multiplied by the individual's weekly benefit amount for extended benefits.
Haw. Rev. Stat. § 383-9 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-9
Agricultural labor.
Status: in_force

"Agricultural labor" includes all service performed prior to January1, 1972, which was agricultural labor as defined in this section prior to such date, and remunerated service performed after December31, 1971:

(1) On a farm, in the employ of any person in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and furbearing animals and wildlife;

(2) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm;

(3) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes;

(4) (A) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one-half of the commodity with respect to which such service is performed;

(B) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in subparagraph (A), but only if such operators produced more than one-half of the commodity with respect to which such service is performed;

(C) The provisions of subparagraphs (A) and (B) shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or

(5) On a farm operated for profit if such service is not in the course of the employer's trade or business.

As used in this section, "farm" includes stock, dairy, poultry, fruit, furbearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses, or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. [L 1941, c 304, §1, pt of subs 8; RL 1945, §4210; RL 1955, §93-9; HRS §383-9; am L 1971, c 187, §3; am L 1977, c 148, §3]
Haw. Rev. Stat. § 386-21.2 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-21.2
Treatment plans.
Status: in_force

(a) A physician may transmit a treatment plan to an employer by mail or facsimile; provided that the physician shall send the treatment plan to an address or facsimile number provided by the employer.

(b) Beginning January 1, 2021, an employer shall allow a physician to transmit a treatment plan to an employer by mail, facsimile, or secure electronic means; provided that the physician shall send the treatment plan to an address or facsimile number provided by the employer.

(c) A treatment plan shall be deemed received by an employer when the plan is sent by mail or facsimile with reasonable evidence showing that the treatment plan was received.

(d) A treatment plan shall be deemed accepted if an employer fails to file with the director:

(1) An objection to the treatment plan;

(2) Any applicable documentary evidence supporting the denial; and

(3) A copy of the denied treatment plan,

copying the physician and the injured employee.

(e) After acceptance of the treatment plan, an employer may file an objection to the plan if new documentary evidence supporting the denial is received by the employer. [L 2016, c 101, §2]
Haw. Rev. Stat. § 392-73 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-73
Procedure.
Status: in_force

The referee shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the same shall be conducted in such manner as to ascertain the substantial rights of the parties. No person shall participate on behalf of the director in any case in which that person has a direct or indirect interest. A record shall be kept of all testimony and proceedings in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. Witnesses subpoenaed pursuant to this section shall be allowed fees at a rate fixed by the department and such fees shall be deemed part of the expenses of administering this chapter.
Haw. Rev. Stat. § 388-13 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-13
Rules and regulations.
Status: in_force

The director of labor and industrial relations is authorized to issue such rules and regulations as the director determines necessary for the purpose of carrying out this chapter.
Haw. Rev. Stat. § 393-17 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-17
Exemption of certain employees.
Status: in_force

(a) In addition to the exemption specified in section 393-16, an employer shall be relieved of the employer's duty under section 393-11 with respect to any employee who has notified the employer, in the form specified by the director, that the employee is:

(1) Protected by health insurance or any prepaid health care plan established under any law of the United States;

(2) Covered as a dependent under a prepaid health care plan, entitling the employee to the health benefits required by this chapter;

(3) A recipient of public assistance or covered by a prepaid health care plan established under the laws of the State governing medical assistance.

(b) Employers receiving notice of a claim of exemption under this section shall notify the director of such claim in the form prescribed by the director. [L 1974, c 210, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 380-11 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-11
Contempt; speedy and public trial.
Status: in_force

In all cases arising under this chapter in which a person is charged with contempt in a court of the State, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the circuit wherein the contempt has been committed; provided that this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court.
Haw. Rev. Stat. § 386-206 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-206
Premium payment; reserves.
Status: in_force

(a) Each group shall establish to the satisfaction of the insurance commissioner a premium payment plan which shall include an initial payment by each member of at least twenty-five per cent of that member's annual premium before the start of the group's fund year and payment of the balance of each member's annual premium in monthly or quarterly installments.

(b) Each group shall establish and maintain actuarially appropriate loss reserves, which shall include reserves for known claims and expenses associated therewith and claims incurred but not reported and expenses associated therewith.

(c) Each group shall establish and maintain bad debt reserves based on the historical experience of the group or other groups. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 373L-7 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-7
Payroll cost exemption.
Status: in_force

At the end of each calendar year, the department shall provide the names, date of registration, and contact information of all professional employer organizations that have successfully complied with the requirements of this chapter to the department of taxation. The exemption provided under section 237-24.75(3) shall only apply to professional employer organizations that fulfill and maintain the registration requirements under this chapter.
Haw. Rev. Stat. § 371-12 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-12
Labor law enforcement; injunction.
Status: in_force

The department of labor and industrial relations shall:

(1) Enforce the child labor provisions of this chapter;

(2) Enforce this chapter relative to the regulation of commercial employment agencies;

(3) Enforce any other labor laws enacted by the legislature of the State;

(4) Enforce the provisions of section 394B-9 regarding dislocated workers;

(5) Enforce any rules or regulations of the department. The department may institute proceedings to enjoin any employer from violating this chapter or the rules or regulations of the department when any such employer is violating any such provision or is threatening to do so and the circuit courts are hereby vested with jurisdiction in the premises;

(6) Conduct investigations in connection with the foregoing; and

(7) Perform such additional duties as the director of labor and industrial relations shall by rule prescribe. [L 1939, c 237, §1(15); RL 1945, §4118; RL 1955, §88-19; am L Sp 1959 2d, c 1, §27; HRS §371-12; am L 1973, c 31, pt of §21; am L 2011, c 137, §1]
Haw. Rev. Stat. § 377-4 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-4
Rights of employees.
Status: in_force

Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall also have the right to refrain from any and all such activities, provided that employees may be required to join a union under an all-union agreement as provided in section 377-6(3).
Haw. Rev. Stat. § 386A-12 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-12
State fund operational.
Status: in_force

The Hawaii state compensation mutual insurance fund shall become operational upon funding by special appropriation by the legislature.
Haw. Rev. Stat. § 396-3 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-3
Definitions.
Status: in_force

When used in this chapter:

"Aggravating character" means circumstances and behavior that increase the seriousness or outrageousness of contemptuous conduct.

"Appeals board" means the Hawaii labor relations board.

"Certified safety professional" means an individual who is certified by the board of certified safety professionals.

"Dealer" means, for the purpose of the section concerning explosives, any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of buying and selling explosives.

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

"Director" means the director of labor and industrial relations or the director's designee.

"Employee" means every natural person who is required or directed or permitted or suffered by any employer to engage in any employment, or to go to work or be at any time in any place of employment.

"Employee of the State" includes officers and employees of the department of labor and industrial relations, and persons acting in behalf of the department in an official capacity, whether temporarily or with or without compensation.

"Employer" means:

(1) The State and every state agency;

(2) Each county and all public and quasi-public corporations and public agencies therein;

(3) Every person which has any natural person in service;

(4) The legal representative of any deceased employer;

(5) Every person having direction, management, control, or custody of any employment, place of employment, or any employee.

"Employment" includes the carrying on of any trade, business, occupation, or work, including all excavation, demolition, and construction work, or any process or operation in any way related thereto, in which any person is engaged to work for hire except domestic service in or about a private home.

"Hoisting machine" means a machine with a hoist line, sling, or hydraulic lifting mechanism used in construction, demolition, or excavation work.

"Hoisting machine operator" means any individual who operates a hoisting machine in the State.

"Occupational safety and health standard" means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.

"Place of employment" means any place, and the premises appurtenant thereto, where employment is carried on.

"Safe" and "safety" as applied to an employment or place of employment mean such freedom from danger to employees as the nature of the employment reasonably permits.

"Safety device" and "safeguard" shall be given a broad interpretation so as to include any practicable method of mitigating or preventing a specific danger.

"Serious violation" means a violation that carries with it a substantial probability that death or serious physical harm could result from a condition that exists, or from one or more practices, means, methods, operations, or processes that have been adopted or are in use, in a place of employment, unless the employer did not, and could not with the exercise of reasonable diligence, have known of the presence of the violation.

"Wilful violation" means a voluntary act or omission by the employer, as distinguished from an accidental act or omission, that is done with intentional disregard of, or plain indifference to, any standard, rule, citation, or order issued under the authority of this chapter. A wilful violation does not require a showing of malicious intent or bad motive. [L 1972, c 57, pt of §1; am L 1974, c 152, §1; am L 1975, c 50, §1; am L 1976, c 95, §1; am L 1977, c 179, §1; gen ch 1985; am L 1993, c 175, §1; am L 1997, c 347, §1; am L 1998, c 165, §3 and c 259, §§1, 2; am L 2002, c 104, §2; am L 2013, c 96, §2]
Haw. Rev. Stat. § 378-3 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-3
Exceptions.
Status: in_force

Nothing in this part shall be deemed to:

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

(2) Prohibit or prevent the establishment and maintenance of bona fide occupational qualifications reasonably necessary to the normal operation of a particular business or enterprise, and that have a substantial relationship to the functions and responsibilities of prospective or continued employment;

(3) Prohibit or prevent an employer, employment agency, or labor organization from refusing to hire, refer, or discharge any individual for reasons relating to the ability of the individual to perform the work in question;

(4) Affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan that is not intended to evade the purpose of this chapter; provided that this exception shall not be construed to permit any employee plan to set a maximum age requirement for hiring or a mandatory retirement age;

(5) Prohibit or prevent any religious or denominational institution or organization, or any organization operated for charitable or educational purposes, that is operated, supervised, or controlled by or in connection with a religious organization, from giving preference to individuals of the same religion or denomination or from making a selection calculated to promote the religious principles for which the organization is established or maintained;

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

(7) Require the employer to execute unreasonable structural changes or expensive equipment alterations to accommodate the employment of a person with a disability;

(8) Prohibit or prevent the department of education or private schools from considering criminal convictions in determining whether a prospective employee is suited to working in close proximity to children;

(9) Prohibit or prevent any financial institution in which deposits are insured by a federal agency having jurisdiction over the financial institution from denying employment to or discharging from employment any person who has been convicted of any criminal offense involving dishonesty or a breach of trust, unless it has the prior written consent of the federal agency having jurisdiction over the financial institution to hire or retain the person;

(10) Preclude any employee from bringing a civil action for sexual harassment or sexual assault and infliction of emotional distress or invasion of privacy related thereto; provided that notwithstanding section 368-12, the commission shall issue a right to sue on a complaint filed with the commission if it determines that a civil action alleging similar facts has been filed in circuit court; or

(11) Require the employer to accommodate the needs of a nondisabled person associated with or related to a person with a disability in any way not required by title I of the Americans with Disabilities Act. [L 1981, c 94, pt of §2; am L 1984, c 85, §4; am L 1985, c 162, §1; am L 1990, c 257, §3 and c 262, §2; am L 1992, c 33, §3 and c 275, §1; am L 1994, c 88, §2; am L 1997, c 365, §§2, 4; am L 1998, c 175, §2]
Haw. Rev. Stat. § 386-80 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-80
Examination by impartial physician.
Status: in_force

The director of labor and industrial relations may appoint a duly qualified impartial physician to examine the injured employee and to report. The fees for such examination shall be paid from the funds appropriated by the legislature for the use of the department of labor and industrial relations.
Haw. Rev. Stat. § 381-5 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-5
Hearings; report.
Status: in_force

The emergency board shall notify the employer and the employees or their representatives of the time and place for commencement of hearings, which hearings shall commence within five days from the date the board has been constituted. The board shall ascertain the facts of the controversy and shall use its best efforts by mediation to bring the parties into agreement.

The board shall hold such meetings as it deems necessary or proper for a period not longer than twenty days from the date the hearings commenced; provided that the twenty-day period may be extended from time to time by the board with the written consent of the parties, a copy of which consent shall be filed with the director of labor and industrial relations.

Within three days from the date of termination of the hearings, the board shall submit to the governor a written report setting forth findings of fact and stating the position of each of the parties as to each issue on which agreement has been reached and as to each issue still in dispute at the time of termination of the hearings. Within five days from the receipt of the findings of the board and if no agreement is reached during this period, the governor shall make the findings of the board public. [L 1949, c 146, pt of §1; RL 1955, §91-6; HRS §381-5]
Haw. Rev. Stat. § 383-29.9 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-29.9
[ §383-29.
Status: in_force

[ §383-29.9] Partial unemployment; reporting requirements. (a) An employer to whom a claimant for partial unemployment is still attached shall submit verification of earnings and satisfy all low earnings reporting requirements in subsection (b) and rules of the department for each week that the claimant certifies for partial unemployment benefits.

(b) Low earnings reports shall be submitted as follows:

(1) Whenever, during any weekly pay period in an individual's benefit year, an individual has worked less than full-time hours for the regular employer to which the individual is attached, and the individual's earnings are less than the individual's current weekly benefit amount, the individual's employer, upon request by the department shall:

(A) Enter the individual's name, social security account number, gross earnings, week-ending date, and the reasons for the individual's reduced workweek on a form provided or approved by the department and return the form to the unemployment insurance office as instructed within five working days after the notice of an individual's benefit amount has been mailed to the employer as to all prior weeks for which benefits are claimed. Thereafter, during the benefit year, the employer shall report within five working days after the end of each week or weekly pay period for which the low earnings reports are required; or

(B) Furnish the individual personally with the information on a form provided or approved by the department and the individual shall be responsible to submit the report to the unemployment insurance office within five working days after the end of each week or weekly pay period or as instructed by the department.

(2) If the employer or individual fails to submit the low earnings report as prescribed in paragraph (1)(A) or (B) within the time specified by the department, the department shall determine the individual's eligibility for any week's benefits claimed based on the individual's certification of employment and earnings . [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §5]
Haw. Rev. Stat. § 386-27 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-27
Qualification and duties of health care providers.
Status: in_force

(a) All health care providers rendering health care and services under this chapter shall be qualified by the director and shall remain qualified by satisfying the requirements established in this section. The director shall qualify any person initially who has a license for the practice of:

(1) Medicine or osteopathy under chapter 453;

(2) Dentistry under chapter 448;

(3) Chiropractic under chapter 442;

(4) Naturopathic medicine under chapter 455;

(5) Optometry under chapter 459;

(6) Podiatry under chapter 463E;

(7) Psychology under chapter 465; and

(8) Advanced practice registered nurses under chapter 457.

(b) To remain a qualified provider under this chapter a health care provider shall:

(1) Comply with guidelines established by the director on the frequency of treatment and reasonable utilization of health care and services;

(2) Conform to limitations established by the director for charges on services under medical fee and other fee schedules;

(3) File timely reports required under section 386-96;

(4) Avoid unnecessary and unreasonable referrals of injured employees to other health care providers;

(5) Refrain from ordering unnecessary and unreasonable diagnostic tests and studies;

(6) Remain available as a treating health care provider to injured employees and as an advisor to the director in proceedings under this section; and

(7) Comply with all requirements established under this chapter and by rules and decisions adopted and issued by the director pursuant to this chapter.

(c) Any health care provider who fails to comply with subsections (a) and (b) may be subject to such sanctions deemed just and proper by the director which may include:

(1) Disallowance of fees for services rendered to an injured employee;

(2) Forfeiture of payments for services rendered to an injured employee under this chapter;

(3) Fines of no more than $2,500 for each violation;

(4) Suspension as a qualified provider; and

(5) Disqualification as a provider of services under this chapter.

(d) No sanction shall be imposed by the director under this section except upon submission of a written complaint which shall specifically allege that a violation of this section occurred within two years of the date of the complaint. A copy of the complaint shall be sent to the health care provider charged promptly upon receipt by the director. The director may establish an advisory panel of health care providers consisting of three members, one selected by the complainant, another selected by the health care provider charged, and the third selected by the director who shall assist the director in any case arising under this section. Fees for services rendered by members of the advisory panel shall be paid for by the special compensation fund. No member of the advisory panel shall be liable in damages for libel, slander, or other defamation of character of any party for any action taken while acting within their capacities as members of the advisory panel.

The director shall issue, where a sanction is ordered under this section, a written decision of findings following a hearing held upon not less [than] twenty days written notice to the complainant and the health care provider charged. No violation shall be found unless the director determines that the violator acted in bad faith. Any person aggrieved by a decision of the director may appeal the decision under section 386-87.

(e) In any case arising under this section, the injured employee treated by the health care provider charged with a violation of this section shall not be a party to the proceeding and shall not appear unless called as a witness before the director or the appellate board. Charges for services rendered by the health care provider alleged to be in violation of this section shall be suspended pending action by the director and the appellate board in cases on appeal.

In any case in which fees for services rendered by a health care provider are disallowed by the director, the health care provider shall be ordered to forfeit payment. [L 1985, c 296, pt of §5; am L 2009, c 11, §48; am L Sp 2009, c 22, §11(2); am L 2016, c 183, §7; am L 2020, c 44, §6]
Haw. Rev. Stat. § 385-15 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-15
Nonliability of State.
Status: in_force

Additional unemployment benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter, subject to amendment or repeal thereof, and to the extent that moneys are available therefor to the credit of the additional unemployment compensation fund.
Haw. Rev. Stat. § 398A-3 — HI Code / Division 1 / Title 21 / Chapter 398A / Section 398A-3
[ §398A-3] Leave requirement.
Status: in_force

[ §398A-3] Leave requirement. (a) Subject to subsection (d), an employer shall provide to an employee leave of absence not exceeding:

(1) Seven days each calendar year to serve as a bone marrow donor or peripheral blood stem cell donor; and

(2) Thirty days each calendar year to serve as an organ donor;

provided that the employee shall submit written verification to the employer that the employee is an organ donor, bone marrow donor, or peripheral blood stem cell donor and that there is a medical necessity for the donation of the organ, bone marrow, or peripheral blood stem cells.

(b) Any period of time during which an employee is required to be absent from work to serve as an organ donor, bone marrow donor, or peripheral blood stem cell donor shall not constitute a break in the employee's continuous service for the purpose of the employee's right to salary adjustments, sick leave, vacation, annual leave, or seniority. During any period that an employee takes leave pursuant to subsection (a), the employer shall maintain and pay for coverage under a group health plan, as defined in section 5000(b) of the Internal Revenue Code of 1986, as amended, for the full duration of the leave, in the same manner as the coverage would have been maintained if the employee had been actively at work during the leave period.

(c) This chapter shall not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this chapter.

(d) An employer may require as a condition of an employee's initial receipt of leave provided pursuant to this section that the employee take up to three days of earned but unused sick leave, vacation, or paid time off, or unpaid time off, for bone marrow or peripheral blood stem cell donation and up to two weeks of earned but unused sick leave, vacation, or paid time off, or unpaid time off, for organ donation, unless doing so would violate the provisions of any applicable collective bargaining agreement.

(e) Notwithstanding any other provision to the contrary, leave provided pursuant to this section shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) or chapter 398.

(f) Leave provided pursuant to this section may be taken in one or more periods, but in no event shall exceed the amount of leave prescribed in subsection (a). [L 2014, c 161, pt of §1]
Haw. Rev. Stat. § 383-74 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-74
Appeal; correction of assessment or contributions.
Status: in_force

Any person aggrieved by any assessment of a contribution or a penalty or contributions assessed pursuant to this chapter, having paid the contribution or penalty, may appeal from the assessment by filing a written notice of appeal with the department within twenty days after the date of mailing of the notice of assessment to the person's last known address. The appeal shall be heard by the referee in accordance with applicable provisions of sections 383-38 and 383-39. Any amount determined to have been erroneously paid as a result of the final determination of the appeal in favor of the employing unit, or as a result of a final judgment for the employing unit in an action brought pursuant to section 40-35, shall be refunded, without interest and without the addition of any other charges, in the same manner as other refunds under this chapter. Notwithstanding any other provisions of law to the contrary, any amount which is paid under protest or which is covered by any appeal or action referred to in this section shall not be held as a special deposit, but the amount shall in all respects be subject to sections 383-122 and 383-127 to the same effect as though the amount had not been paid under protest and was not covered by the appeal or action.
Haw. Rev. Stat. § 388-9 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-9
Enforcement.
Status: in_force

(a) The director of labor and industrial relations shall enforce and administer this chapter and the director or the director's authorized representatives may hold hearings and otherwise investigate charges of violations of this chapter and institute actions for penalties hereunder.

(b) The director or the director's authorized representatives may enter and inspect such places, question such employees, and investigate such facts, conditions, or matters as they may deem appropriate to determine whether any person has violated this chapter or any rule or regulation issued hereunder or which may aid in the enforcement of this chapter.

(c) If any judgment obtained by the director against an employer for nonpayment of wages remains unsatisfied for a period of thirty days after the time to appeal therefrom has expired and no appeal is pending or after such judgment has been finally affirmed on appeal, the director may institute proceedings in the name of the State in the circuit court in which the employer has the employer's principal place of business to compel the employer to cease doing any business until the judgment has been satisfied. [L 1963, c 158, pt of §3; Supp, §95-8; HRS §388-9; gen ch 1985]
Haw. Rev. Stat. § 371K-4 — HI Code / Division 1 / Title 21 / Chapter 371K / Section 371K-4
General duties of the office of community services.
Status: in_force

The office of community services shall:

(1) Establish statewide goals and objectives relating to disadvantaged persons, refugees, and immigrants;

(2) Study the facts concerning the needs of disadvantaged persons, refugees, and immigrants in the State through adequate research studies, such research to be carried on whenever possible through the departments or agencies of the state and county governments responsible for providing services in the fields of health, education, social welfare, employment, and related areas. Where such research cannot be done within such established agencies, it shall be carried out by this office or contracted by this office;

(3) Review legislation pertaining to programs within the purview of the office and appropriations made for services to the disadvantaged, refugees, and immigrants, recommend revisions and additions needed, and report to the governor regarding such legislation;

(4) Evaluate the availability, adequacy, and accessibility of all services for the disadvantaged, refugees, and immigrants within the State;

(5) Assist and coordinate the efforts of all public and private agencies providing services which affect the disadvantaged, refugees, and immigrants including, without limitation to the generality of the foregoing, the department of health, the department of human services, the department of labor and industrial relations, and the department of education, and report such facts and the office's recommendations to the governor and to the legislature. The executive heads of all such departments and agencies shall make available to the office of community services such information as the office deems necessary for the effective discharge of its duties under this chapter;

(6) Maintain contacts with local, state, and federal officials and public and private agencies concerned with planning for the disadvantaged, refugees, and immigrants; and

(7) Encourage and foster local action in behalf of the disadvantaged, refugees, and immigrants. [L 1985, c 305, pt of §1; am L 1987, c 339, §4]
Haw. Rev. Stat. § 394B-9 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-9
Notification; penalty.
Status: in_force

(a) An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence.

(b) An employer that violates this section shall be liable to each affected employee for an amount equal to back pay and benefits for the period of violation not to exceed sixty days. This liability may be reduced by any:

(1) Wages the employer pays during the notice period; and

(2) Voluntary and unconditional payment not required by a legal obligation.

(c) An employer of a covered establishment that is actively seeking a buyer for a sale, transfer, or merger shall not be required to provide the notice required under subsection (a) until the employer has entered into a binding agreement for the sale, transfer, or merger of the covered establishment that results in a divestiture.

(d) An employer who fails to provide notice under this section shall be subject to a civil penalty not to exceed $500 for each day of the violation and the amount shall be deposited in the employment and training fund under section 383-128; provided that the employer may avoid the penalty if the employer satisfies its liability to each affected employee within three weeks after the closing. In any suit, the court, in its discretion, may award the prevailing party reasonable attorney's fees and costs.

(e) The department shall enforce this section and shall have all the powers and duties conferred and imposed upon it pursuant to section 371-12. [L 1987, c 377, pt of §3; am L 2001, c 211, §1; am L Sp 2007, c 5, §2; am L 2011, c 137, §2]
Haw. Rev. Stat. § 371-10 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-10
Mediation of labor disputes.
Status: in_force

The governor or the governor's designated agent shall promote the voluntary mediation of disputes between employers and employees, and avoid the necessity of resorting to lockouts, boycotts, blacklists, strikes, discriminations, and legal proceedings in the matters of employment. In pursuance of this duty, the governor or the governor's designated agent may appoint temporary boards of mediation, consisting of one or more members, provide necessary expenses of such boards, order reasonable compensation not exceeding $10 a day for each member engaged in such mediation, prescribe rules of procedure for such boards, conduct investigations and hearings, and may do all things convenient and necessary to accomplish the purposes of this paragraph. The governor or the governor's designated agent may designate the director of labor and industrial relations to act as mediator.

Whenever a controversy arises between an employer and the employer's employees which is not settled either in conference between the representatives of the parties or through mediation in the manner provided in this section, the controversy may by agreement of the parties be submitted to arbitration by three persons, one to be selected by the employer, one to be selected by the employees and the two so selected to select the third.

Whenever the governor finds that all reasonable efforts for mediation have been made and failed and that the parties are unable or refuse to enter into an agreement for arbitration, the governor may appoint an emergency board of disinterested persons to investigate and report respecting the controversy. The board shall be composed of such number of persons as the governor may deem desirable. The compensation of the members of the board shall be fixed by the governor, which compensation, together with all necessary traveling and other expenses, shall be provided by the director out of funds made available to the department of labor and industrial relations. The board shall be created separately in each instance and it shall investigate promptly the facts as to the controversy and report thereon, together with its recommendations, to the governor with all reasonable dispatch and in any event not later than thirty days from the date of its creation. [L 1939, c 237, §1(12); RL 1945, §4115; RL 1955, §88-16; am L Sp 1959 2d, c 1, §27; HRS §371-10; gen ch 1985]
Haw. Rev. Stat. § 394B-8 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-8
Coordination with federal programs.
Status: in_force

The director shall develop plans for the implementation of this program which shall include appropriate provisions for the coordination of program activities with related state and federal programs and which shall document the requirements of section 394B-3 and describe those activities to be carried out.
Haw. Rev. Stat. § 383-11 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-11
Excluded payments.
Status: in_force

"Wages" does not include:

(1) The amount of any payment (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide, for any such payment) to, or on behalf of, an individual or any of the individual's dependents under a plan or system established by an employing unit which makes provision generally for individuals performing service for it (or for such individuals generally and their dependents) or for a class or classes of such individuals (or for a class or classes of such individuals and their dependents), on account of[:]

(A) Retirement;

(B) Sickness or accident disability;

(C) Medical or hospitalization expenses in connection with sickness or accident disability; or

(D) Death;

(2) The amount of any payment by an employing unit to an individual performing service for it (including any amount paid by an employing unit for insurance or annuities or into a fund, to provide for any such payment) on account of retirement;

(3) The amount of any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, by an employing unit to, or on behalf of, an individual performing services for it after the expiration of six calendar months following the last calendar month in which the individual performed services for the employing unit;

(4) The amount of any payment by an employing unit to, or on behalf of, an individual performing services for it or the individual's beneficiary[:]

(A) From or to a trust described in section 401(a) and exempt from tax under section 501(a) of the federal Internal Revenue Code at the time of the payment unless the payment is made to an individual performing services for the trust as remuneration for such services and not as a beneficiary of the trust; or

(B) Under or to an annuity plan which, at the time of the payments, meets the requirements of section 401(a)(3), (4), (5), and (6) of the federal Internal Revenue Code;

(5) The amount of any payment by an employing unit (without deduction from the remuneration of the individual in its employ) of the tax imposed upon an individual in its employ under section 3101 of the federal Internal Revenue Code;

(6) Remuneration paid in any medium other than cash to an individual for service not in the course of the employing unit's trade or business;

(7) The amount of any payment (other than vacation or sick pay) to an individual after the month in which the individual attains the age of sixty-five, if the individual did not perform services for the employing unit in the period for which such payment is made;

(8) The amount of any payment (not required under any contract of hire) to an individual with respect to the individual's period of training or service in the armed forces of the United States by an employing unit by which the individual was formerly employed;

(9) The amount of any payment (including any amount paid by an employer into a fund to provide for such payment) made after April 1, 1956, to or on behalf of an employee under a written agreement, contract, trust arrangement, or other instrument, which makes provision for the employer's employees generally or for a class or group of the employer's employees, for the purpose of supplementing benefits paid under this chapter or providing benefits based on wages paid for excluded services. [L 1939, c 219, §2(p); am L 1941, c 304, §1, pt of subs 12; RL 1945, §4212; am L 1951, c 191, §1(3); RL 1955, §93-11; am L 1957, c 205, §1(d); HRS §383-11; gen ch 1985]

Revision Note

Pursuant to §23G-15, in:

(1) Paragraph (1), (A) to (D) reformatted as subparagraphs (A) to (D);

(2) Paragraph (1)(A) and (B), "or" deleted and punctuation changed;

(3) Paragraph (1)(C), punctuation changed; and

(4) Paragraph (4), (A) and (B) reformatted as subparagraphs (A) and (B) and punctuation changed.
Haw. Rev. Stat. § 383-22 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-22
Weekly benefit amount; computation, minimum and maximum.
Status: in_force

(a) In the case of an individual who has established a benefit year prior to January2, 1966, the individual's weekly benefit amount shall be the amount appearing in column B in the table in this section on the line on which, in column A of the table, there appears the total wages paid to the individual for insured work in that quarter of the individual's base period in which the total wages were highest.

(b) In the case of an individual whose benefit year begins after January 4, 1992, the individual's weekly benefit amount shall be, except as otherwise provided in this section, an amount equal to one twenty-first of the individual's total wages for insured work paid during the calendar quarter of the individual's base period in which such total wages were highest. The weekly benefit amount, if not a multiple of $1, shall be computed to the next higher multiple of $1. If an individual's weekly benefit amount is less than $5, it shall be $5. The maximum weekly benefit amount shall be determined annually as follows: On or before November 30 of each year the total remuneration paid by employers, as reported on contribution reports submitted on or before such date, with respect to all employment during the four consecutive calendar quarters ending on June 30 of the year shall be divided by the average monthly number of individuals performing services in the employment during the same four calendar quarters as reported on the contribution reports. The amount thus obtained shall be divided by fifty-two and the average weekly wage (rounded to the nearest cent) thus determined. For benefit years beginning January 1, 1992, but prior to January 1, 2008, and beginning again on January 1, 2012, but prior to April 1, 2012, then beginning again on January 1, 2013, seventy per cent of the average weekly wage shall constitute the maximum weekly benefit amount and shall apply to all claims for benefits filed by an individual qualifying for payment at the maximum weekly benefit amount in the benefit year commencing on or after the first day of the calendar year immediately following the determination of the maximum weekly benefit amount. For benefit years beginning January 1, 2008, and ending December 31, 2011, and beginning again on April 1, 2012, and ending December 31, 2012, seventy-five per cent of the average weekly wage shall constitute the maximum weekly benefit amount and shall apply to all claims for benefits filed by an individual qualifying for payment at the maximum weekly benefit amount in the benefit year commencing on or after the first day of the calendar year immediately following the determination of the maximum weekly benefit amount. The maximum weekly benefit amount, if not a multiple of $1, shall be computed to the next higher multiple of $1.

(Column A) (Column B) (Column C) (Column D)

High Basic Minimum Maximum

Quarter Weekly Qualifying Total Benefits

Wages Benefit Wages in Benefit Year

$ 37.50 - 125.00 $ 5.00 $ 150.00 $ 130.00

125.01 - 150.00 6.00 180.00 156.00

150.01 - 175.00 7.00 210.00 182.00

175.01 - 200.00 8.00 240.00 208.00

200.01 - 225.00 9.00 270.00 234.00

225.01 - 250.00 10.00 300.00 260.00

250.01 - 275.00 11.00 330.00 286.00

275.01 - 300.00 12.00 360.00 312.00

300.01 - 325.00 13.00 390.00 338.00

325.01 - 350.00 14.00 420.00 364.00

350.01 - 375.00 15.00 450.00 390.00

375.01 - 400.00 16.00 480.00 416.00

400.01 - 425.00 17.00 510.00 442.00

425.01 - 450.00 18.00 540.00 468.00

450.01 - 475.00 19.00 570.00 494.00

475.01 - 500.00 20.00 600.00 520.00

500.01 - 525.00 21.00 630.00 546.00

525.01 - 550.00 22.00 660.00 572.00

550.01 - 575.00 23.00 690.00 598.00

575.01 - 600.00 24.00 720.00 624.00

600.01 - 625.00 25.00 750.00 650.00

625.01 - 650.00 26.00 780.00 676.00

650.01 - 675.00 27.00 810.00 702.00

675.01 - 700.00 28.00 840.00 728.00

700.01 - 725.00 29.00 870.00 754.00

725.01 - 750.00 30.00 900.00 780.00

750.01 - 775.00 31.00 930.00 806.00

775.01 - 800.00 32.00 960.00 832.00

800.01 - 825.00 33.00 990.00 858.00

825.01 - 850.00 34.00 1020.00 884.00

850.01 - 875.00 35.00 1050.00 910.00

875.01 - 900.00 36.00 1080.00 936.00

900.01 - 925.00 37.00 1110.00 962.00

925.01 - 950.00 38.00 1140.00 988.00

950.01 - 975.00 39.00 1170.00 1014.00

975.01 -1000.00 40.00 1200.00 1040.00

1000.01 -1025.00 41.00 1230.00 1066.00

1025.01 -1050.00 42.00 1260.00 1092.00

1050.01 -1075.00 43.00 1290.00 1118.00

1075.01 -1100.00 44.00 1320.00 1144.00

1100.01 -1125.00 45.00 1350.00 1170.00

1125.01 -1150.00 46.00 1380.00 1196.00

1150.01 -1175.00 47.00 1410.00 1222.00

1175.01 -1200.00 48.00 1440.00 1248.00

1200.01 -1225.00 49.00 1470.00 1274.00

1225.01 -1250.00 50.00 1500.00 1300.00

1250.01 -1275.00 51.00 1530.00 1326.00

1275.01 -1300.00 52.00 1560.00 1352.00

1300.01 -1325.00 53.00 1590.00 1378.00

1325.01 -1350.00 54.00 1620.00 1404.00

1350.01 and over 55.00 1650.00 1430.00.