Haw. Rev. Stat. § 386-32 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-32
Partial disability.
Status: in_force

(a) Permanent partial disability. Where a work injury causes permanent partial disability, the employer shall pay the injured worker compensation in an amount determined by multiplying the effective maximum weekly benefit rate prescribed in section 386-31 by the number of weeks specified for the disability as follows:

Thumb. For the loss of thumb, seventy-five weeks;

First finger. For the loss of a first finger, commonly called index finger, forty-six weeks;

Second finger. For the loss of a second finger, commonly called the middle finger, thirty weeks;

Third finger. For the loss of a third finger, commonly called the ring finger, twenty-five weeks;

Fourth finger. For the loss of a fourth finger, commonly called the little finger, fifteen weeks;

Phalanx of thumb or finger. Loss of the first phalanx of the thumb shall be equal to the loss of three-fourths of the thumb, and compensation shall be three-fourths of the amount above specified for the loss of the thumb. The loss of the first phalanx of any finger shall be equal to the loss of one-half of the finger, and compensation shall be one-half of the amount above specified for loss of the finger. The loss of more than one phalanx of the thumb or any finger shall be considered as loss of the entire thumb or finger;

Great toe. For the loss of a great toe, thirty-eight weeks;

Other toes. For the loss of one of the toes other than the great toe, sixteen weeks;

Phalanx of toe. Loss of the first phalanx of any toe shall be equal to the loss of one-half of the toe, and the compensation shall be one-half of the amount specified for the loss of the toe. The loss of more than one phalanx of any toe shall be considered as the loss of the entire toe;

Hand. For the loss of a hand, two hundred forty-four weeks;

Arm. For the loss of an arm, three hundred twelve weeks;

Foot. For the loss of a foot, two hundred five weeks;

Leg. For the loss of a leg, two hundred eighty-eight weeks;

Eye. For the loss of an eye by enucleation, one hundred sixty weeks. For the loss of vision in an eye, one hundred forty weeks. Loss of binocular vision or of eighty per cent of the vision of an eye shall be considered loss of vision of the eye;

Ear. For the permanent and complete loss of hearing in both ears, two hundred weeks. For the permanent and complete loss of hearing in one ear, fifty-two weeks. For the loss of both ears, eighty weeks. For the loss of one ear, forty weeks;

Loss of use. Permanent loss of the use of a hand, arm, foot, leg, thumb, finger, toe, or phalanx shall be equal to and compensated as the loss of a hand, arm, foot, leg, thumb, finger, toe, or phalanx;

Partial loss or loss of use of member named in schedule. Where a work injury causes permanent partial disability resulting from partial loss of use of a member named in this schedule, and where the disability is not otherwise compensated in this schedule, compensation shall be paid for a period that stands in the same proportion to the period specified for the total loss or loss of use of the member as the partial loss or loss of use of that member stands to the total loss or loss of use thereof;

More than one finger or toe of same hand or foot. In cases of permanent partial disability resulting from simultaneous injury to the thumb and one or more fingers of one hand, or to two or more fingers of one hand, or to the great toe and one or more toes other than the great toe of one foot, or to two or more toes other than the great toe of one foot, the disability may be rated as a partial loss or loss of use of the hand or the foot and the period of benefit payments shall be measured accordingly. In no case shall the compensation for loss or loss of use of more than one finger or toe of the same hand or foot exceed the amount provided in this schedule for the loss of a hand or foot;

Amputation. Amputation between the elbow and the wrist shall be rated as the equivalent of the loss of a hand. Amputation between the knee and the ankle shall be rated as the equivalent of the loss of a foot. Amputation at or above the elbow shall be rated as the loss of an arm. Amputation at or above the knee shall be rated as the loss of a leg;

Disfigurement. In cases of personal injury resulting in disfigurement the director may award compensation not to exceed $30,000 as the director deems proper and equitable in view of the disfigurement. Disfigurement shall be separate from other permanent partial disabilities and shall include scarring and other disfiguring consequences caused by medical, surgical, and hospital treatment of the employee;

Other cases. In all other cases of permanent partial disability resulting from the loss or loss of use of a part of the body or from the impairment of any physical function, weekly benefits shall be paid at the rate and subject to the limitations specified in this subsection for a period that bears the same relation to a period named in the schedule as the disability sustained bears to a comparable disability named in the schedule. In cases in which the permanent partial disability must be rated as a percentage of the total loss or impairment of a physical or mental function of the whole person, the maximum compensation shall be computed on the basis of the corresponding percentage of the product of three hundred twelve times the effective maximum weekly benefit rate prescribed in section 386-31.

Payment of compensation for permanent partial disability. Compensation for permanent partial disability shall be paid in weekly installments at the rate of sixty-six and two-thirds per cent of the worker's average weekly wage, subject to the limitations on weekly benefit rates prescribed in section 386-31.

Unconditional nature and time of commencement of payment. Compensation for permanent partial disability shall be paid regardless of the earnings of the disabled employee subsequent to the injury. Payments shall not commence until after termination of any temporary total disability that may be caused by the injury.

(b) Temporary partial disability. Where a work injury causes partial disability, not determined to be permanent, which diminishes the employee's capacity for work, the employer, beginning with the first day of the disability and during the continuance thereof, shall pay the injured employee weekly benefits equal to sixty-six and two-thirds per cent of the difference between the employee's average weekly wages before the injury and the employee's weekly earnings thereafter, subject to the schedule for the maximum and minimum weekly benefit rates prescribed in section 386-31.

(c) Provisions common to permanent and temporary partial disability. No determination of partial disability shall be made until two weeks from the date of the injury. [L 1963, c 116, pt of §1; am L 1965, c 106, §1; Supp, §97-31; am L 1967, c 138, §2; HRS §386-32; am L 1969, c 25, §1; am L 1970, c 100, §1 and c 126, §1; am L 1972, c 42, §2; am L 1973, c 47, §1; am L 1974, c 153, §3; gen ch 1985; am L 1992, c 67, §1; am L 1995, c 234, §9]
Haw. Rev. Stat. § 378-37 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-37
Enforcement of order; judgment rendered thereon.
Status: in_force

If an employer fails or neglects to comply with the final order of the department of labor and industrial relations from which no appeal has been taken as provided by this part, the department or the employee affected may apply to the circuit court of the judicial circuit in which the employer resides or transacts business for a judgment to enforce the provisions of the final order and for any other appropriate relief. In any proceeding to enforce the provisions of the final order, the department or the employee affected need only file with the court proof that notice of the hearing was given, a certified copy of the final order, and proof that the final order was served. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court.
Haw. Rev. Stat. § 383-143 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-143
General penalty.
Status: in_force

Any person who wilfully violates this chapter or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor provided by any other applicable statute, shall be charged with a misdemeanor, and subject to a fine of not more than $10,000; and each day the violation continues shall be deemed to be a separate offense.
Haw. Rev. Stat. § 392-27 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-27
Ineligibility in certain cases.
Status: in_force

An individual shall not be eligible to receive temporary disability benefits:

(1) For any period of disability during which the individual would be disqualified from receiving benefits under the Hawaii employment security law by reason of unemployment due to a stoppage of work existing because of a labor dispute for the duration of such disqualification.

(2) If the director finds that the individual has knowingly made a false statement or representation of a fact or knowingly failed to disclose a material fact in order to obtain benefits under this chapter to which the individual is not otherwise entitled. The ineligibility shall be for a period determined by the director, but shall not exceed the period of disability with respect to which the false statement or representation was made or the nondisclosure occurred.

(3) For any period of disability due to wilfully and intentionally self-inflicted injury or to injury sustained in the commission of a criminal offense specified in title 37.

(4) For any day of disability during which the employee performed work for remuneration or profit, except that, if an employee returning to work suffers a relapse after performing work for less than a full day, the employee shall be paid benefits or be given waiting period credit, provided the employee's wages for the partial day's work did not equal or exceed the prorated disability benefits to which the employee is entitled. The amount of the benefit payable is derived by subtracting the gross wages received for performing less than a full day's work, from the prorated disability benefits to which the employee is entitled.

(5) Unless the claim for disability benefits is filed within ninety days after the commencement of the period of disability or as soon thereafter as is reasonably possible. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(c); am imp L 1972, c 9, §1; am L 1983, c 205, §1]
Haw. Rev. Stat. § 377-15 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-15
Penalty.
Status: in_force

Any person who wilfully assaults, resists, prevents, impedes, or interferes with the conciliator or any member of the board or any of the agents or agencies of either in the performance of duties pursuant to this chapter shall be fined not more than $500 or imprisoned not more than one year, or both.
Haw. Rev. Stat. § 372-2 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-2
Definitions.
Status: in_force

As used in this chapter:

"Apprentice" means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship established by this chapter.

"Apprenticeship agreement" is a written agreement between an apprentice and either the apprentice's program sponsors or an apprenticeship committee acting as agent for the program sponsors. The apprenticeship agreement shall be approved by the director.

"Apprenticeship committee" means a group of persons designated by the sponsors to administer an apprenticeship program. An apprenticeship committee may either be a joint committee comprising an equal number of representatives of the employers and employees represented by bona fide collective bargaining agents, or a non-joint committee, known as a unilateral or group non-joint committee, that has employer representatives and may include employees, but does not have a bona fide collective bargaining agent as a participant.

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

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

"Sponsor" means any person, employer, association, committee, or organization operating an apprenticeship program and in whose name the program is, or is to be, registered and approved. [L Sp 1941, c 23, pt of §§4, 5; am L 1943, c 158, pt of §2; RL 1945, pt of §§4145, 4146; am L 1945, c 22, §1(1); am L 1955, c 31, §1(b); RL 1955, §89-2; am L 1959, c 14, §1; am L 1967, c 20, §1(a); HRS §372-2; am L 2012, c 14, §3]
Haw. Rev. Stat. § 386-23.6 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-23.6
Weekly benefit adjustments for recipients of services of attendants.
Status: in_force

Any permanently and totally disabled employee awarded and receiving compensation under section 386-23 or 386-23.5, but:

(1) Who is no longer receiving weekly benefits shall, without application, be entitled to a resumption of weekly benefits from the special compensation fund in an amount equal to a percentage of the current maximum weekly benefit determined by multiplying the current maximum weekly benefit rate by a fraction, the numerator of which is the weekly benefit amount the employee had been receiving and the denominator of which is the maximum weekly benefit rate applicable at the time the weekly benefit award was made.

(2) Who is receiving one-half of weekly benefits from the special compensation fund shall be entitled to weekly benefits in an amount equal to a percentage of the current maximum weekly benefit rate determined by multiplying the current maximum weekly benefit rate by a fraction, the numerator of which is twice the amount the employee had been receiving and the denominator of which is the maximum weekly benefit rate applicable at the time the weekly benefit award was made. [L 1974, c 52, §1; am L 1980, c 232, §21; gen ch 1985]
Haw. Rev. Stat. § 386-10 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-10
Out of state employers.
Status: in_force

Any employer whose principal place of business is outside the State shall, prior to the commencement of employment within the State, register with the director the employer's name, approximate total wages to be paid, and the dates of employment activity within the State. The employer shall file with the director, in the form prescribed by the director, a notice of insurance as required by section 386-122.
Haw. Rev. Stat. § 383-106 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-106
What reciprocal arrangements authorized.
Status: in_force

(a) The department of labor and industrial relations may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby:

(1) Multistate employment. Services performed by an individual for a single employing unit for which services are customarily performed in more than one state shall be deemed to be services performed entirely within any one of the states:

(A) In which any part of the individual's service is performed;

(B) In which the individual has the individual's residence; or

(C) In which the employing unit maintains a place of business; provided there is in effect, as to such services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state;

(2) Accumulated benefit rights. Potential rights to benefits accumulated under the unemployment compensation laws of one or more states or under one or more such laws of the federal government, or both, may constitute the basis for payment of benefits through a single appropriate agency under terms which the department finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund;

(3) Insured work. Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining the individual's rights to benefits under this chapter, and wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter shall be deemed to be wages or services on the basis of which unemployment compensation under such law of another state or of the federal government is payable, but no such arrangement shall be entered into unless it contains provisions for reimbursements to the fund for such of the benefits paid under this chapter upon the basis of such wages or services and provisions for reimbursements from the fund for such of the compensation paid under such other law upon the basis of wages for insured work, as the department finds will be fair and reasonable as to all affected interests; and

(4) Payment of contributions. Contributions due under this chapter with respect to wages for insured work shall for the purposes of sections 383-61 to 383-75 of this chapter be deemed to have been paid to the fund as of the date payment was made as contributions therefor under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the fund of such contributions and the actual earnings thereon as the department finds will be fair and reasonable as to all affected interests.

(b) The provisions of subsection (a)(2) of this section and of section 383-107 notwithstanding, the department of labor and industrial relations shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for:

(1) Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws; and

(2) Avoiding the duplicate use of wages and employment by reason of such combining. [L 1939, c 219, §17; am L 1941, c 304, §1, pt of subs 37; RL 1945, §4294; RL 1955, §93-105; am L Sp 1959 2d, c 1, §27; HRS §383-106; am L 1971, c 187, §10; gen ch 1985]

Revision Note

Pursuant to §23G-15, in:

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

(2) Subsection (a)(1)(B), punctuation changed; and

(3) Subsection (b)(1), punctuation changed.
Haw. Rev. Stat. § 383-44 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-44
Recovery of benefits paid.
Status: in_force

(a) Any individual who has received any amount as benefits under this chapter to which the individual was not entitled shall be liable for the 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 redetermination in these cases shall specify that the individual is liable to repay to the fund the amount of overpaid benefits, the basis of the overpayment, and the week or weeks for which the benefits were overpaid.

(b) Determinations or redeterminations dated on or after October 1, 2013, that an individual has been overpaid benefits under any state or federal unemployment compensation program and is disqualified under section 383-30(5) shall include a penalty assessment amount equal to fifteen per cent of the overpaid amount. Penalty assessments collected under this section shall be deposited in the unemployment compensation fund.

(c) The individual liable, in the discretion of the department, shall repay the overpaid amount and the penalty assessment amount to the department for the fund or have the overpaid amount only deducted from any future benefits payable to the individual under this chapter within two years after the date of mailing of the notice of redetermination or the final decision on an appeal from the redetermination. Effective April 1, 2013, the overpaid benefits amount and the penalty assessment amount, costs, and administrative fees may be deducted from federal income tax refunds.

(d) Notwithstanding any other provision of this chapter, the department, by agreement with another state or the United States as provided under section 303(g) of the Social Security Act, may recover any overpayment of benefits paid to any individual under the laws of this State or of another state or under an unemployment benefit program of the United States. Any overpayments subject to this subsection may be deducted from any future benefits payable to the individual under the laws of this State or of another state or under an unemployment program of the United States. The penalty assessment amount shall not be subject to recovery by deduction from future benefits payable.

(e) In any case in which under this section an individual is liable to repay any amount to the department, the overpaid benefits amount, the penalty assessment amount, costs, and administrative fees shall be collectible without interest by civil action in the name of the State by the attorney general. [L 1939, c 219, §15; RL 1945, §4292; am L 1953, c 22, §1(3); am L 1955, c 51, §1(5); RL 1955, §93-43; am L 1959, c 232, §1; am L Sp 1959 2d, c 1, §27; HRS §383-44; gen ch 1985; am L 1993, c 176, §1; am L 2013, c 3, §3]
Haw. Rev. Stat. § 371-20 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-20
National Human Trafficking Resource Center hotline; posting requirement; penalty.
Status: in_force

(a) Every employer specified in subsection (b) shall post and keep posted in a place readily accessible to individuals in the employer's employ a poster no smaller than eight and one-half inches by eleven inches in size that states the following:

"If you or someone you know is being forced to engage in any activity and cannot leave – whether it is commercial sex, housework, farm work, or any other similar activity – call the National Human Trafficking Resource Center Hotline at 1-888-373-7888 to access help and services.

Victims of human trafficking are protected under United States and Hawaii law.

The hotline is:

(1) Available twenty-four hours a day, seven days a week;

(2) Toll-free;

(3) Operated by a nonprofit, nongovernmental organization;

(4) Anonymous and confidential;

(5) Accessible in one hundred seventy languages; and

(6) Able to provide help, referral to services, training, and general information."

(b) For purposes of this section, "employer" means any person that:

(1) Holds a class 5 or class 11 liquor license pursuant to section 281-31;

(2) Maintains a massage therapy establishment that employs five or more people; or

(3) Employs one or more erotic or nude massagers or exotic or nude dancers as defined in section 712-1210.

(c) A poster required under subsection (a) shall be printed in English and the director may supplement the required information.

(d) The department shall make available on its public website an electronic version of the poster required by subsection (a) for employers to print.

(e) Any employer who wilfully and knowingly fails, neglects, or refuses to perform any act required by this section shall be fined not more than $100 for each separate offense. Each day the violation continues shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action. [L 2013, c 245, §1; am L 2015, c 35, §11]
Haw. Rev. Stat. § 393-46 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-46
Income directly attributable to the business.
Status: in_force

(a) "Income directly attributable to the business" means gross profits from the business minus deductions for:

(1) Compensation of officers;

(2) Salaries and wages, except wages paid by an individual proprietor to oneself;

(3) Repairs;

(4) Taxes on business and business property;

(5) Business advertising;

(6) Amounts contributed to employee benefit plans;

(7) Interest on business indebtedness;

(8) Rent on business property; and

(9) Other expenses necessary for the current conduct of business.

(b) Deductions shall not include:

(1) Bad debts;

(2) Contributions or gifts, other than those listed under subsection (a)(6);

(3) Amortization and depreciation; or

(4) Losses by fire, storm, casualty, or theft.

(c) The director may promulgate rules and regulations necessary to define income directly attributable to business for the purpose of section 393-45. [L 1974, c 210, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 380-10 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-10
Appeal.
Status: in_force

Whenever any court of the State issues or denies any temporary injunction in a case involving or growing out of a labor dispute, an appeal shall lie as of right, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, notwithstanding any provision of section 641-1. The appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters of the same character.
Haw. Rev. Stat. § 373L-8 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-8
Fees.
Status: in_force

(a) No applicant shall be allowed to register pursuant to this chapter unless the appropriate fees have been paid.

(b) Effective July 1, 2013, the director shall collect fees in the following amounts:

(1) Registration fee $500

(2) Biennial renewal fee $750

(3) Restoration fee $1,500

until such time as the director amends the fees by rulemaking pursuant to chapter 91.

(c) The fees collected pursuant to this section shall be deposited into the state general fund. [L 2013, c 174, pt of §2]
Haw. Rev. Stat. § 387-9 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-9
Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii youth correctional facility.
Status: in_force

(a) Notwithstanding the provisions of section 387-2, the director, by rule, may provide for the employment of learners; apprentices; part-time employees who are full-time students attending public or private schools other than colleges, universities, business schools, or technical schools; and wards paroled from the Hawaii youth correctional facility, under special certificates issued by the director, at wages lower than the applicable minimum wage and subject to limitations as to time, number, proportion, and length of service as the director shall prescribe.

(b) The director may by rule prescribe standards and requirements to ensure that this section will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the special minimum wage rate authorized by this section is applicable. [L Sp 1941, c 66, §6; RL 1945, §4359; RL 1955, §94-9; am L 1962, c 16, pt of §2; am L 1963, c 49, §3; HRS §387-9; am L 1974, c 14, §2; am L 2005, c 191, §2; am L 2021, c 55, §3]
Haw. Rev. Stat. § 383-65 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-65
Charges and noncharges for benefits.
Status: in_force

(a) Except as otherwise provided in subsection (b), benefits paid to an individual shall be charged against the accounts of the individual's base period employers and the amount of benefits so chargeable against each base period employer's account shall bear the same ratio to the total benefits paid to the individual as the base period wages paid to the individual by the employer bear to the total amount of base period wages paid to the individual by all of the individual's base period employers. Benefits paid shall be charged to employers' accounts in the calendar year in which the benefits are paid.

(b) Benefits paid to an individual shall not be charged against the account of any of the individual's base period employers on a contributory plan under section 383-61 when such benefits are:

(1) Paid to an individual during any benefit year if the individual:

(A) Left work voluntarily without good cause;

(B) Was discharged for misconduct connected with the individual's work; or

(C) Left work voluntarily for good cause not attributable to the employer.

The chargeability of benefits to an employer's account shall be determined in accordance with section 383-94 and other applicable provisions of this chapter, or as may be otherwise specified by the department;

(2) Paid to an individual, who, during the individual's base period, earned wages for part-time employment with an employer, if the employer continues to give the individual employment to the same extent while the individual is receiving benefits as during the base period and the employer establishes such fact to the satisfaction of the director of labor and industrial relations;

(3) Paid to an individual for the period the individual is enrolled in and is in regular attendance at a vocational training or retraining course approved by the director pursuant to section 383-29;

(4) Paid to an individual under the extended benefits program, sections 383-168 to 383-174; except that one-half of the amount of such benefits which are based on services performed for a governmental employer on a contributory plan shall be charged to the account of such employer;

(5) Paid to an individual who qualifies to receive benefits by meeting the minimum earnings and employment requirements only by combining the individual's employment and wages earned in two or more states;

(6) Benefits overpaid to a claimant as a result of ineligibility or disqualification under sections 383-29 and 383-30 unless such overpayment resulted from the employer's failure to furnish information as required by this chapter or the rules of the department; or

(7) Benefits paid to an individual during any benefit year beginning September13, 1992 and thereafter shall not be charged to the account of any base period employer from whose employment the individual is separated as a direct result of a major disaster and would have been entitled to disaster unemployment assistance under the Stafford Disaster Relief and Emergency Assistance Act (P.L. 100-707) but for the receipt of unemployment insurance benefits paid under this chapter; provided that the employer must petition for relief of any charges to an employer's reserve account as requested by the department and the director approves granting relief of charges.

(c) The amount of noncharged benefits shall bear the same ratio to the total benefits paid to the individual as the base period wages paid to the individual by the employer or employers not charged bear to the total amount of base period wages paid to the individual by all of the individual's base period employers. The noncharging provisions of subsection (b) shall not apply to governmental employers or nonprofit organizations making payments in lieu of contributions under section 383-62.

(d) For the purposes of the arrangements in which the department will participate pursuant to section 383-106(b) only, "base period" as used in this section means the base period of this or any other state applied to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws. [L 1939, c 219, §7(c)(2); am L 1941, c 304, §1, pt of subs 21; RL 1945, §4250; am L 1949, c 316, §1(6); am L 1951, c 195, §1(6); am L 1953, c 41, §1(8); am L 1955, c 80, §1(c); RL 1955, §93-64; am L 1957, c 205, §1(e); am L 1963, c 174, §1; HRS §383-65; am L 1969, c 8, §1; am L 1971, c 187, §8; am L 1973, c 120, §3; am L 1976, c 157, §5; am L 1977, c 148, §7; am L 1984, c 229, §3; gen ch 1985; am L 1986, c 180, §2; am L 1993, c 342, §1]

Revision Note

In subsection (b)(1)(A), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 383-3 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-3
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, then the place from which such service is directed or controlled, is in this 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.

Notwithstanding any other provisions of this section, the term employment also includes all service performed after June30, 1946, by an officer or member of the crew of an American vessel on or in connection with such vessel, provided that the operating office from which the operations of the vessel operating on navigable waters within or within and without the United States is ordinarily and regularly supervised, managed, directed, and controlled, is within this State. [L 1939, c 219, §2(k)(2); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4204; am L 1947, c 75, §1(2); RL 1955, §93-3; HRS §383-3]

Revision Note

In paragraph (2), (A) and (B) reformatted as subparagraphs (A) and (B) pursuant to §23G-15.
Haw. Rev. Stat. § 381-10 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-10
Injunction.
Status: in_force

In the event any public utility employer or any employees of a public utility are found to be violating or failing to comply with the requirements of this chapter or there is reasonable cause to believe that the employer or employees are violating or failing to comply with such requirements, the attorney general, at the attorney general's own instance or at the request of the director of labor and industrial relations, shall institute appropriate proceedings in the circuit in which the violation occurs to enjoin the performance of any acts or practices forbidden by this chapter, or to require the employer or employees to comply with the requirements of this chapter. Jurisdiction to hear and dispose of all actions under this section is hereby conferred upon each circuit judge, and each such judge may issue such orders and decrees, by way of injunction, mandatory injunction or otherwise, as may be appropriate to enforce this chapter. All such suits shall be brought in the name of the State by the attorney general. The county attorney of each county shall, at the request of the attorney general, conduct such proceedings in behalf of the State.
Haw. Rev. Stat. § 383-40 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-40
Conclusiveness of determinations and decisions.
Status: in_force

Except insofar as reconsideration of any determination or redetermination is had under sections 383-33 to 383-36, any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination which has become final, or in a decision on appeal under sections 383-37 to 383-42 which has become final, shall be conclusive for all the purposes of this chapter as between the department of labor and industrial relations, the claimant, and all employing units who had notice of such determination, redetermination, or decisions.
Haw. Rev. Stat. § 386-142 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-142
Employment rights of injured employees.
Status: in_force

It shall be unlawful for any employer to suspend or discharge any employee solely because the employee suffers any work injury which is compensable under this chapter and which arises out of and in the course of employment with the employer unless it is shown to the satisfaction of the director that the employee will no longer be capable of performing the employee's work as a result of the work injury and that the employer has no other available work which the employee is capable of performing. Any employee who is suspended or discharged because of such work injury shall be given first preference of reemployment by the employer in any position which the employee is capable of performing and which becomes available after the suspension or discharge and during the period thereafter until the employee secures new employment. This section shall not apply to the United States or to employers subject to part III of chapter 378.
Haw. Rev. Stat. § 392-42 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-42
Notice of insurance.
Status: in_force

If payment of disability benefits is provided for in whole or in part by insurance pursuant to section 392-41(a)(1), (4), or (5), the employer or insurer shall forthwith file with the director in form prescribed by the director a notice of the employer's or insurer's insurance together with a statement of benefits provided by the policy. If an employer or insurer fails to file the notice of insurance within thirty days after purchase of insurance, the director may levy a penalty of not more than $10 for each delinquent notice, unless good cause for failure to file can be shown by the employer or insurer.
Haw. Rev. Stat. § 386A-6 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-6
Limitation of liability of directors.
Status: in_force

If an investment manager has been appointed under this chapter, no director shall be liable for the acts or omissions of such investment manager or be under an obligation to invest or otherwise manage any assets of the fund, which are subject to management by the investment manager.
Haw. Rev. Stat. § 386-126 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-126
Insolvency of employer not to release insurance carrier.
Status: in_force

Every policy and contract shall contain a provision to the effect that the insolvency or bankruptcy of the employer and the employer's discharge therein shall not relieve the insurance carrier from the payment of compensation for an injury suffered by a covered employee during the life of the policy or contract.
Haw. Rev. Stat. § 390-4 — HI Code / Division 1 / Title 21 / Chapter 390 / Section 390-4
Suspension, revocation, invalidation of certificate.
Status: in_force

The director may suspend, revoke or invalidate any certificate of employment or age if in the director's judgment it was improperly issued, the minor is illegally employed, or the nature or condition of employment is such as to injuriously affect the health, safety or well-being of the minor or contribute toward the minor's delinquency.
Haw. Rev. Stat. § 396-4.5 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-4.5
Certification of safety and health professionals.
Status: in_force

(a) Only individuals receiving certification from the department as safety and health professionals shall be qualified to certify that an employer:

(1) Has an effective safety and health program; and

(2) Qualifies for a reduction in workers' compensation insurance premiums under section 431:14-103(b).

(b) Certification as a safety and health professional shall be:

(1) Issued to an individual only; and

(2) Renewable.

(c) Certificates issued under this section may be revoked or suspended by the director on any grounds specified in rules adopted under this chapter. [L 1995, c 234, §3]
Haw. Rev. Stat. § 371-8 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-8
Duties and powers of director; enforcement of rules.
Status: in_force

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

(1) Supervise and direct the operations and functions of the department of labor and industrial relations;

(2) Cause the enforcement of rules; and

(3) Propose rules or changes in rules, as the director deems advisable for the protection of life, health, and safety of employees, in every employment or place of employment; provided that rules pertaining to workers' compensation cases arising under chapter 386 shall be adopted or amended as specified in section 386-72. The director may appoint committees composed of employers, employees, and experts to suggest rules or changes therein.

The director may make, amend, and repeal rules necessary for the internal administration of the department and for the proper conduct of hearings before the director or the director's authorized agents under this section. The director shall not be bound by technical rules of evidence in the conduct of these hearings. [L 1939, c 237, §1(11); RL 1945, §4114; am L 1949, c 102, §1; am L 1955, c 25, §1; RL 1955, §88-15; am L Sp 1959 2d, c 1, §27; am L 1963, c 158, §1; HRS §371-8; gen ch 1985; am L Sp 2005, c 11, §3]
Haw. Rev. Stat. § 396-20 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-20
REPEALED.
Status: in_force

L Sp 2021, c 9, §18.
Haw. Rev. Stat. § 385-7 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-7
Disqualification for additional unemployment benefits.
Status: in_force

A claimant shall be disqualified for additional unemployment benefits:

(1) Voluntary separation. For any week in which the claimant has left work voluntarily without good cause and for not more than seven consecutive weeks of unemployment which immediately follow such week, as determined according to the circumstances in each case.

An owner-employee of a corporation who brings about the owner-employee's unemployment by divesting ownership, leasing the business interest, terminating the business, or by other similar actions where the owner-employee is the party initiating termination of the employment relationship, has voluntarily left employment.

(2) Discharge for misconduct. For the week in which the claimant has been discharged for misconduct connected with work and for not more than seven consecutive weeks of unemployment which immediately follow such week, as determined in each case in accordance with the seriousness of the misconduct.

(3) Failure to apply for work, etc. If the claimant has failed, without good cause, either to apply for available, suitable work when so directed by the director or any duly authorized representative of the director, or to accept suitable work when offered to the claimant. The disqualification shall continue for the week in which such failure occurred and for not more than seven consecutive weeks of unemployment which immediately follow such week, as determined according to the circumstances of each case.

(A) In determining whether or not any work is suitable for a claimant there shall be considered among other factors and in addition to those enumerated in subparagraph (B) of this paragraph, the degree of risk involved to the claimant's health, safety, and morals, the claimant's physical fitness and prior training, the claimant's experience and prior earnings, the length of unemployment, the claimant's prospects for obtaining work in the claimant's customary occupation, and the distance of available work from the claimant's residence and prospects for obtaining local work.

(B) No work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible claimant for refusing to accept new work under any of the following conditions:

(i) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(ii) If the wages, hours, or other conditions of the work offered are substantially less favorable to the claimant than those prevailing for similar work in the locality;

(iii) If as a condition of being employed the claimant would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

(4) Labor dispute. For any week with respect to which it is found that the claimant's unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishments, or other premises at which the claimant is or was last employed; provided that this paragraph shall not apply if it is shown that:

(A) The claimant is not participating in or directly interested in the labor dispute which caused the stoppage of work; and

(B) The claimant does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or directly interested in the dispute;

provided that if in any case separate branches of work which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purpose of this paragraph be deemed to be a separate factory, establishment, or other premises.

(5) Fraud. If the director finds that the claimant has made a false statement or representation knowing it to be false or knowingly fails to disclose a material fact to obtain any additional unemployment benefits under this chapter, in which case the claimant shall be disqualified for the week in which the director makes such determination and for the remainder of the weeks for which the claimant would otherwise be eligible. [L 1961, c 157, pt of §1; Supp, §93B-8; HRS §385-7; am L 1972, c 47, §4; am L 1973, c 159, §1; gen ch 1985; am L 1986, c 162, §8]
Haw. Rev. Stat. § 393-16 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-16
Liability of secondary employer.
Status: in_force

An employer who has been notified by an employee, in the form prescribed by the director, that the employer is not the principal employer as defined in section 393-6 shall be relieved of the duty of providing the coverage required by this chapter until the employer is notified by the employee pursuant to section 393-18 that the employer has become the principal employer. The employer shall notify the director, in the form prescribed by the director, that the employer is relieved from the duty of providing coverage or of any change in that status.
Haw. Rev. Stat. § 393-33 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-33
Penalties; injunction.
Status: in_force

(a) If an employer fails to comply with section 393-11, 393-12, 393-13, or 393-15 the employer shall pay a penalty of not less than $25 or of $1 for each employee for every day during which such failure continues, whichever sum is greater. The penalty shall be assessed under rules and regulations promulgated pursuant to chapter 91 and shall be collected by the director and paid into the trust fund for premium supplementation established by section 393-41. The director may, for good cause shown, remit all or any part of the penalty.

(b) Any employer, employee, or prepaid health care plan contractor who wilfully fails to comply with any other provision of this chapter or any rule or regulation thereunder may be fined not more than $200 for each such violation.

(c) Any employer who fails to initiate compliance with the coverage requirements of section 393-11 for a period of thirty days, may be enjoined by the circuit court of the circuit in which the employer's principal place of business is located from carrying on the employer's business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1974, c 210, pt of §1; am L 1977, c 190, §1; gen ch 1985; am L 2013, c 100, §9]
Haw. Rev. Stat. § 386A-13 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-13
Insurance code applicable.
Status: in_force

The Hawaii state compensation mutual insurance fund shall be subject to the provisions of chapter 431 to the same extent and degree as any domestic provider of workers' compensation insurance within the State. Any statutory provisions which conflict with the provisions of this chapter, as amended, shall be resolved in terms of the language of this chapter.
Haw. Rev. Stat. § 398-3 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-3
Family leave requirement.
Status: in_force

(a) An employee shall be entitled to a total of four weeks of family leave during any calendar year:

(1) Upon the birth of a child of the employee or the adoption of a child; or

(2) To care for the employee's child, spouse, reciprocal beneficiary, sibling, grandchild, or parent with a serious health condition.

(b) During each calendar year, the leave may be taken intermittently.

(c) Leave shall not be cumulative.

(d) If unpaid leave under this chapter conflicts with the unreduced compensation requirement for exempt employees under the federal Fair Labor Standards Act, an employer may require the employee to make up the leave within the same pay period.

(e) Nothing in this chapter shall entitle an employee to more than a total of four weeks of leave in any twelve-month period. [L 1991, c 328, pt of §1; am L 1992, c 87, §6; am L 1997, c 383, §57; am L 2017, c 128, §1; am L 2020, c 40, §3]
Haw. Rev. Stat. § 380-3 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-3
Labor or employer organizations; agreement against.
Status: in_force

Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 380-2, is declared to be contrary to the public policy of the State, shall not be enforceable in any court of the State and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following:

Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation, and any employee or prospective employee of the same, whereby:

(1) Either party to the contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or

(2) Either party to the contract or agreement undertakes or promises that the party will withdraw from an employment relation if the party joins, becomes, or remains a member of any labor organization or of any employer organization. [L 1963, c 200, §3; Supp, §90B-3; HRS §380-3; gen ch 1985]
Haw. Rev. Stat. § 398-9 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-9
Administration.
Status: in_force

(a) The director shall have jurisdiction over those prohibited acts made unlawful by this chapter.

(b) The department shall assist employers in the placement of temporary help to perform the work of those employees on family leave.

(c) The director also may hire, subject to chapter 76, investigators, hearings officers, clerical, stenographic, and other staff as may be necessary to administer and enforce this chapter. [L 1991, c 328, pt of §1; am L 1995, c 154, §7; am L 2000, c 253, §150]
Haw. Rev. Stat. § 371K-2 — HI Code / Division 1 / Title 21 / Chapter 371K / Section 371K-2
Office of community services, establishment.
Status: in_force

(a) There is established within the department of labor and industrial relations, for administrative purposes only, an office of community services. The following shall be among the programs to be under the auspices of and coordinated through the office:

(1) Progressive neighborhoods program;

(2) Hawaii office of economic opportunity;

(3) Refugee resettlement program; and

(4) State immigrant services center.

(b) The head of the office shall be known as the executive director of the office of community services, hereinafter referred to as executive director. The executive director shall have: training and experience in the field of social work, education, public health, or related fields; direct experience in programs and services related to disadvantaged persons, refugees, or immigrants; and experience in a supervisory, consultative, or administrative capacity. The executive director shall be appointed by the governor without regard to chapter 76, and shall be compensated at a salary level no less than that of a second deputy. The executive director shall be included in any benefit program generally applicable to the officers and employees of the State. [L 1985, c 305, pt of §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 373-14.3 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-14.3
Hearings.
Status: in_force

In all proceedings, the director or hearings officer duly appointed by the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, producing documentary evidence, and examining witnesses as are possessed by circuit courts. In case of disobedience by any person of any order or subpoena issued by the director or hearings officer, or the refusal of any witness to testify to any matter regarding which the witness may be questioned lawfully, any circuit judge, on application by the director or hearings officer, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein.
Haw. Rev. Stat. § 394B-11 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-11
Prompt payment of wages and benefits.
Status: in_force

An employer in a covered establishment shall pay on the effective date of a closing, partial closing, or relocation to each employee all wages, benefits, and other forms of compensation due and owing to said employee.
Haw. Rev. Stat. § 380-1 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-1
Court jurisdiction restricted.
Status: in_force

No court of the State shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict conformity with this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared herein.
Haw. Rev. Stat. § 397-10 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-10
Judicial review.
Status: in_force

Except where an order has already become final for failure to contest, the decision and order of the appeals board shall be final and conclusive, unless the director or any party to the proceedings before the appeals board obtains a review thereof in the manner provided in chapter 91 by instituting proceedings in the circuit court of the circuit in which the pressure retaining item, amusement ride, or elevator and kindred equipment is situated or such practice, means, method, operation, or process is employed. The hearing on review shall be on the record and the department shall be deemed a party to any such proceedings. The court shall give precedence to such proceedings over all other civil cases.
Haw. Rev. Stat. § 386-100 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-100
Deductible option for medical benefits in insurance policy.
Status: in_force

(a) Each workers' compensation insurance policy issued by every insurer shall offer, at the option of the insured employer, a deductible for medical benefits in the amount of $100, $150, $200, $300, $400, $500, $2,500, $5,000, or $10,000, or greater if agreed upon by the insurer and the insured employer. The insured employer, if choosing to exercise the option, shall choose only one of the amounts as the deductible. The provisions of this subsection shall be fully disclosed to the prospective purchaser in writing.

(b) If an insured employer exercises the option and chooses a deductible, the insured employer shall be liable for the amount of the deductible for the medical benefits paid for each claim of work injury suffered by an injured employee. The insurer shall not be liable for the deductible.

The insurer shall pay the entire cost of medical bills directly to the provider of services and then seek reimbursement from the insured for the deductible amount.

Deductible medical benefit amounts shall be reported by insurers as required by section 386-95 and shall be included in the total average annual compensation paid by all insurance carriers in determining the charge against employers not insured under section 386-121(a)(1) for the purpose of the special compensation fund. [L 1985, c 296, §13; am L 1989, c 243, §1; am L 1995, c 234, §17]
Haw. Rev. Stat. § 393-43 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-43
Disbursements from the fund.
Status: in_force

Expenditures of moneys in the premium supplementation fund shall not be subject to any provisions of law requiring specific appropriations or other formal release by the state officers of money in their custody. All payments from the fund shall be made upon warrants drawn upon the director of finance by the comptroller of the State supported by vouchers approved by the director.
Haw. Rev. Stat. § 386-200 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-200
Licensing of producer.
Status: in_force

Except for a salaried employee of a group, its administrator, or its service company, any person soliciting membership in a workers' compensation self-insurance group shall be licensed as a producer under chapter 431:9A.
Haw. Rev. Stat. § 383-8 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-8
Included and excluded service.
Status: in_force

If the services performed during one-half or more of any pay period by an individual for the person employing the individual constitute employment, all the services of the individual for the period shall be deemed to be employment; but if the services performed during more than one-half of any pay period by an individual for the person employing the individual do not constitute employment, then none of the services of the individual for the period shall be deemed to be employment. As used in this section, the term "pay period" means a period (of not more than thirty-one consecutive days) for which a payment of remuneration is ordinarily made to the individual by the person employing the individual. This section shall not be applicable with respect to services performed in a pay period by an individual for the person employing the individual, where any of the service is excepted by section 383-7(a)(8).
Haw. Rev. Stat. § 372-7 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-7
Apprenticeship committee.
Status: in_force

Subject to the review of the director and in accordance with the standards established by this chapter and rules adopted by the director, apprenticeship committees shall give assistance to the operation and further development of apprenticeship in their respective occupation and localities. [L Sp 1941, c 23, §3; RL 1945, §4144; RL 1955, §89-7; am L 1967, c 20, §1(f); HRS §372-7; am L 2012, c 14, §8]
Haw. Rev. Stat. § 386-33 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-33
Subsequent injuries that would increase disability.
Status: in_force

(a) Where prior to any injury an employee suffers from a previous permanent partial disability already existing prior to the injury for which compensation is claimed, and the disability resulting from the injury combines with the previous disability, whether the previous permanent partial disability was incurred during past or present periods of employment, to result in a greater permanent partial disability or in permanent total disability or in death, then weekly benefits shall be paid as follows:

(1) In cases where the disability resulting from the injury combines with the previous disability to result in greater permanent partial disability the employer shall pay the employee compensation for the employee's actual permanent partial disability but for not more than one hundred four weeks; the balance if any of compensation payable to the employee for the employee's actual permanent partial disability shall thereafter be paid out of the special compensation fund; provided that in successive injury cases where the claimant's entire permanent partial disability is due to more than one compensable injury, the amount of the award for the subsequent injury shall be offset by the amount awarded for the prior compensable injury;

(2) In cases where the disability resulting from the injury combines with the previous disability to result in permanent total disability, the employer shall pay the employee for one hundred four weeks and thereafter compensation for permanent total disability shall be paid out of the special compensation fund; and

(3) In cases where the disability resulting from the injury combines with the previous disability to result in death the employer shall pay weekly benefits in accordance with sections 386-41 and 386-43 but for not more than one hundred four weeks; the balance of compensation payable under those sections shall thereafter be paid out of the special compensation fund.

(b) Notwithstanding subsection (a), where the director or the appellate board determines that the previous permanent partial disability amounted to less than that necessary to support an award of thirty-two weeks of compensation for permanent partial disability, there shall be no liability on the special compensation fund and the employer shall pay the employee or the employee's dependents full compensation for the employee's permanent partial or total disability or death.

(c) Effective July 1, 1995, subsection (a)(1), as amended, shall apply in all cases in which the work injury occurs on or after July 1, 1995, and combines with a previous disability from a compensable injury to result in a greater permanent partial disability. [L 1963, c 116, pt of §1; Supp, §97-32; HRS §386-33; am L 1982, c 93, §1; am L 1984, c 284, §1; am L 1995, c 234, §10; am L 2000, c 46, §1]
Haw. Rev. Stat. § 386-174 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-174
Appropriation.
Status: in_force

So much of the state insurance fund as may be necessary is hereby appropriated and shall, with the approval of the governor, be expended to pay claims found to be due under section 386-171 for services performed under the authorized direction of a public officer or employee.
Haw. Rev. Stat. § 373-13.5 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-13.5
Requirements to maintain license.
Status: in_force

(a) Every employment agency that collects fees from applicants shall have and maintain in full force and effect a bond as required under section 373-4. Failure, refusal, or neglect to maintain a bond in full force and effect shall cause the automatic forfeiture of the license effective as of the date of expiration or cancellation of the bond. The license shall not be restored until a bond as required under section 373-4 is received by the director.

(b) Failure to effect a restoration of a forfeited license within sixty days of the forfeiture shall cause the license to remain forfeited. No fees paid shall be refundable. A licensee who fails to restore a license as provided in this section shall apply and pay fees as a new applicant.

(c) The director may assess a fee not to exceed $200 as a condition for the restoration of a license forfeited pursuant to this section.

(d) A licensee, within fifteen calendar days after receipt of notification of the license forfeiture, may request an administrative hearing pursuant to chapter 91 to review the forfeiture.

(e) Every employment agency shall have in its employ a principal agent who is currently licensed under this chapter. The principal agent shall be responsible for the direct management of the employment agency, all business transactions of the employment agency, and all actions by the employees of the employment agency.

(f) No employment agency shall be deemed to have violated any provision of this chapter by acting or assuming to act as an employment agency after the death or dissociation of the principal agent responsible for managing the employment agency; provided that within sixty days from the date of the death or dissociation of the principal agent, the employment agency employs another licensed principal agent or employs an individual who has filed an application for a principal agent license. [L 1985, c 135, §7; am L 2002, c 22, §9]
Haw. Rev. Stat. § 378-2.2 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-2.2
Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
Status: in_force

(a) No employer shall enter into or require an employee to enter into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between an employer and an employee.

(b) No employer shall retaliate against an employee for disclosing or discussing sexual harassment or sexual assault.

(c) This section shall not apply to:

(1) Human resources employees who are expected to maintain the confidentiality of an investigation as part of their official duties;

(2) Employees who are requested to maintain the confidentiality of an ongoing human resources investigation; and

(3) Proceedings pursuant to section 624-25.5. [L 2020, c 17, §1; am L 2022, c 288, §1]
Haw. Rev. Stat. § 393-42 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-42
Management of the fund.
Status: in_force

The director of finance shall be the treasurer and custodian of the premium supplementation fund and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall be held in trust for the purposes of this part only and shall not be expended, released, or appropriated or otherwise disposed of for any other purpose. Moneys in the fund may be deposited in any depositary bank in which general funds of the State may be deposited but such moneys shall not be commingled with other state funds and shall be maintained in separate accounts on the books of the depositary bank. Such moneys shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of the State; and collateral pledged for this purpose shall be kept separate and distinct from any other collateral pledged to secure other funds of the State. The director of finance shall be liable for the performance of the director of finance's duties under this section as provided in chapter 37.
Haw. Rev. Stat. § 394B-10 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-10
Dislocated worker allowance.
Status: in_force

(a) Whenever a closing, partial closing, or relocation occurs, the employer shall provide each affected employee who applies for and is found eligible for unemployment compensation benefits for a particular week under chapter 383 and based in whole or in part upon employment in the closed, partial closed, or relocated plant a payment, denominated a dislocated worker allowance as a supplement to any unemployment compensation benefit received for that week.

(b) The amount of such weekly payment shall be the difference between the employee's average weekly wages (including any payments for periods of compensated leave) prior to the closing (partial closing or relocation) and the weekly unemployment compensation benefits received.

(c) For any one closing, partial closing, or relocation, an otherwise eligible employee ceases to be eligible for a dislocated worker allowance once he or she has received such an allowance from the covered employer for a total of four weeks.

(d) Receipt of a dislocated employee allowance shall not affect an employee's eligibility for unemployment compensation benefits for any week, or the amount of such benefits.

(e) 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.

(f) Notwithstanding the provisions of this section, any contractual agreement arrived at through a collective bargaining process that results in providing supplemental unemployment compensation benefits for an affected employee shall supersede, with respect to that employee, the requirements of this section. [L 1987, c 377, pt of §3]
Haw. Rev. Stat. § 393-22 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-22
Exemption of followers of certain teachings or beliefs.
Status: in_force

This chapter shall not apply to any individual who pursuant to the teachings, faith, or belief of any group, depends for healing upon prayer or other spiritual means.
Haw. Rev. Stat. § 383-174 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-174
Computations.
Status: in_force

Computations required by section 383-168(4) shall be made by the director, in accordance with regulations prescribed by the United States Secretary of Labor.
Haw. Rev. Stat. § 383-102 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-102
Preservation and destruction of records.
Status: in_force

(a) The department of labor and industrial relations may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof as it may deem advisable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications, or reproductions, duly authenticated, shall be admissible in any proceeding under this chapter if the original record or records would have been admissible therein.

(b) The department may provide by regulation for the destruction or disposition, after reasonable periods, of any records, reports, transcripts, or reproductions thereof, or other papers in its custody, the preservation of which is no longer necessary for the establishment of contribution liability or benefit rights or for any purpose necessary to the proper administration of this chapter, including any required audit thereof. [L 1943, c 160, §1, subs 9; RL 1945, §4281; RL 1955, §93-101; am L Sp 1959 2d, c 1, §27; HRS §383-102]
Haw. Rev. Stat. § 394B-3 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-3
Employment opportunities.
Status: in_force

The director shall identify job opportunities that exist within or outside the labor market area for which dislocated workers could be retrained and assisted in securing and whether assistance and training opportunities for such employment exist or could be provided within the labor market area.
Haw. Rev. Stat. § 373L-6 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-6
Responsibility of professional employer organizations.
Status: in_force

During the term of the agreement between a professional employer organization and its client company, the professional employer organization shall be deemed the employer for all covered employees for purposes of complying with all laws relating to unemployment insurance, workers' compensation, temporary disability insurance, and prepaid health care coverage and the professional employer organization shall provide written notification to each covered employee of this responsibility.
Haw. Rev. Stat. § 392-5 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-5
Excluded services.
Status: in_force

"Employment" as defined in section 392-3 shall not include:

(1) Domestic service in a private home, local college club, or local chapter of a college fraternity or sorority, performed in any calendar quarter by an individual if the cash remuneration paid by the employer for such service is less than $225;

(2) Service not in the course of the employer'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 employer to perform the service. An individual shall be deemed to be regularly employed to perform service not in the course of the employer's trade or business during a calendar quarter only 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 employer in the performance of the service during the preceding calendar quarter;

(3) 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;

(4) 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:

(A) 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);

(B) 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 employer who, for some portion in each of twenty different calendar weeks in either the current or preceding calendar year, had in the employer's employ one or more persons performing the service, whether or not the weeks were consecutive and whether or not the same individuals performed the service in each week; and

(C) The 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;

(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 that is wholly owned by one or more such 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 such service, exempt from the tax imposed by section 3301 of the Internal Revenue Code;

(8) Service with respect to which temporary disability compensation is payable for sickness under a temporary disability insurance system established by an act of Congress;

(9) Service performed in any calendar quarter in the employ of any nonprofit organization exempt from income tax under section 501 of the Internal Revenue Code, if:

(A) The remuneration for such service is less than $50;

(B) The service is performed by a student who is enrolled and is regularly attending classes at a school, college, or university;

(C) The service is performed by a duly ordained, commissioned, or licensed minister 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 nonsecular duties required by the order; or

(D) The service is performed for a church by an employee who fails to meet the eligibility requirements of section 392-25;

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

(A) No part of its net earnings inures (other than through such payments) to the benefit of any private shareholder or individual; and

(B) Eighty-five per cent or more of its income consists of amounts collected from members and amounts contributed by the employer of the members for the sole purpose of making such payments and meeting expenses;

(11) Service performed in the employ of a voluntary employees' 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 benefit of any private shareholder or individual;

(12) Service performed in the employ of a school, college, or university, not exempt from income tax under section 501 of the Internal Revenue Code, if the service is performed by a student who is enrolled and is regularly attending classes at the school, college, or university;

(13) Service performed in the employ of any instrumentality wholly owned by a foreign government, if:

(A) 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) 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;

(14) 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 years' course in a medical school chartered or approved pursuant to state law;

(15) Service performed by an individual for an employer as an insurance producer, if all such service performed by the individual for the employer is performed for remuneration solely by way of commission;

(16) 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;

(17) 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 employer during the period covered by the employer's duly approved election, are deemed to be performed entirely within the agency's state;

(18) 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;

(19) 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 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;

(20) 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;

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

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

(23) Service performed by an individual for a corporation if the individual owns at least fifty per cent of the corporation; provided that no employer shall require an employee to incorporate as a condition of employment;

(24) Service performed by a member of a limited liability company if the member is an individual and has a distributional interest, as defined in section 428-101, of not less than fifty per cent in the company; provided that no employer shall require an employee to form a limited liability company as a condition of employment;

(25) Service performed by a partner of a partnership, as defined in section 425-101, if the partner is an individual; provided that no employer shall require an employee to become a partner or form a partnership as a condition of employment;

(26) Service performed by a partner of a limited liability partnership if the partner is an individual and has a transferable interest as described in section 425-127 in the partnership of not less than fifty per cent; provided that no employer shall require an employee to form a limited liability partnership as a condition of employment; or

(27) Service performed by a sole proprietor. [L 1969, c 148, pt of §1; am L 1973, c 108, §1; am L 1978, c 110, §5; am L 1982, c 194, §3; gen ch 1985; am L 1987, c 339, §4 and c 345, §4; am L 1988, c 141, §35; am L 1990, c 321, §3; gen ch 1993; am L 1996, c 94, §4; am L 2003, c 212, §6; am L 2007, c 259, §8; am L 2011, c 220, §15; am L 2012, c 157, §2 and c 158, §3; am L 2016, c 187, §6]
Haw. Rev. Stat. § 372-3 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-3
Standards of apprenticeship.
Status: in_force

Standards of apprenticeship that conform to the federal regulations shall be established by the director. Apprenticeship program sponsors that meet the standards of apprenticeship may seek approval and registration by the director. [L Sp 1941, c 23, pt of §4; am L 1943, c 158, pt of §2; RL 1945, pt of §4145; am L 1955, c 31, §1(c); RL 1955, §89-3; am L 1959, c 14, §2; am L 1967, c 20, §1(b); HRS §372-3; am L 1978, c 67, §1; gen ch 1985, 1993; am L 2012, c 14, §4]
Haw. Rev. Stat. § 383-73 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-73
Penalty for delinquency; remission.
Status: in_force

(a) A penalty of ten per cent or $100, whichever is greater, shall be added to the amount of all delinquent contributions, as hereafter defined, and any delinquent contribution and penalty remaining unpaid fifteen days after the date of delinquency shall bear interest from the date of delinquency at the rate of two-thirds of one per cent for each month or fraction of a month until paid. Any penalty and interest assessed pursuant to this section shall be added to the contribution and shall be collected as a part of the contribution. For the purposes of this section, a contribution shall be deemed delinquent:

(1) Upon a nonpayment thereof on the date prescribed for its payment, but only in case of failure to pay a contribution shown due by a return, or in case of failure to file a return, or in case of failure to pay a contribution because of a false or fraudulent return; and

(2) Upon nonpayment thereof within the time provided by subsection (c) of section 383-70, in any other case.

(b) Except in cases of fraud or wilful violation of this chapter, or wilful refusal to make a return, the director may, in a case of excusable failure to file a return, or pay a contribution within the time required by this chapter, or in a case of uncollectibility of the whole amount due, remit any amount of penalties or interest added to any delinquent contribution ; provided that a claim of nonliability shall not be deemed as a refusal to make a return.

(c) The department shall keep a record of any remittance approved by the director.

(d) Whenever an employer makes a partial payment of a sum owed for delinquent contributions, penalties, and interest, the amount received by the director shall first be credited to interest, then to penalties, and then to principal. [L 1939, c 219, §7(f); am L 1941, c 304, §1, subs 24; RL 1945, §4259; am L 1951, c 123, §1; am L 1953, c 23, §1(4); RL 1955, §93-72; am L 1957, c 205, §1(b); HRS §383-73; gen ch 1985; am L 2020, c 44, §4]
Haw. Rev. Stat. § 392-42.5 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-42.5
Insurer's requirements; failure to maintain a claims service office; penalty; injunction.
Status: in_force

(a) Each insurer shall maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this State with draft authority for the processing of temporary disability insurance payments.

(b) If an insurer fails to comply with subsection (a), the insurer shall be subject to a civil penalty of not less than $2,500 or $100 for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State, and the amount so collected shall be paid into the trust fund created by section 392-61. The director, in the director's discretion, for good cause shown, may remit all or any part of the penalty in excess of $2,500, if the insurer in default forthwith complies with subsection (a). With respect to such actions, the attorney general shall enforce this subsection if so requested by the director.

(c) If any insurer violates subsection (a) for a period of thirty days, the insurer may be enjoined by the circuit court from carrying on the insurer's business any place in the State so long as the violation continues. The action for injunction shall be commenced by the attorney general if so requested by the director. [L 1991, c 113, §1; am L 2013, c 100, §8]
Haw. Rev. Stat. § 377-14 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-14
List of labor organizations.
Status: in_force

The board shall maintain a list of labor organizations. To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its secretary or other officer to whom notices may be sent, the date of its organization, and its affiliations, if any, with other organizations. No other qualifications for inclusion shall be required, but every labor organization shall notify the board promptly of any change of name, or of the name and address of its secretary or other officer to whom notices may be sent, or of its affiliations.
Haw. Rev. Stat. § 396-1 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-1
Short title.
Status: in_force

This chapter shall be known as the "Hawaii Occupational Safety and Health Law".
Haw. Rev. Stat. § 373C-34 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-34
Authorization to receive cost reimbursements.
Status: in_force

The department of labor and industrial relations may make such agreements or contracts as are approved by the governor with any county, city, state, territory, association, society, or person for the purpose of sharing occupational and education information used for career choice and job search purposes. The general fund appropriation shall include the projected income for the terms and conditions of the resulting agreements or contracts for the purposes set forth herein. All moneys received for the sharing of occupational and educational information shall be deposited into the state general fund.
Haw. Rev. Stat. § 388-7 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-7
Notification, posting, and records.
Status: in_force

Every employer shall:

(1) Notify each employee in writing, at the time of hiring of the rate of pay, and of the day, hour, and place of payment;

(2) Notify each employee in writing or through a posted notice maintained in a place accessible to employees of any changes in the arrangements specified above prior to the time of the change;

(3) Provide to each employee in writing or through a posted notice maintained in a place accessible to employees, policies with regard to vacation and sick leave;

(4) Furnish each employee at every payday a legible printed, typewritten, or handwritten record showing the employee's total gross compensation, the amount and purpose of each deduction, total net compensation, date of payment, and pay period covered; and maintain and preserve a copy of the record or its equivalent for a period of at least six years; provided that in lieu of the printed, typewritten, or handwritten record required by this paragraph and upon receipt of written authorization from the employee, the employer may provide an electronic record that may be electronically accessed by the employee that shall be retained by the employer for a period of at least six years;

(5) Keep posted in a place accessible to employees the notices pertaining to the application of this chapter as shall be prescribed by the director of labor and industrial relations; and

(6) Make and keep records of all employees which shall include basic employment and earnings records and preserve the records for a period of time and in a manner as the director shall prescribe by rule. [L 1963, c 158, pt of §3; Supp, §95-6; HRS §388-7; gen ch 1985; am L 1988, c 61, §1; am L 2005, c 210, §2]
Haw. Rev. Stat. § 386-90 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-90
Conforming prior decisions on appeal.
Status: in_force

Upon the filing of a certified copy of a decision of the director rendered pursuant to section 386-89 with the appellate board, the board shall revoke or modify its prior decision so that it will conform to the decision of the director.
Haw. Rev. Stat. § 386-71.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-71.5
Rehabilitation unit.
Status: in_force

There is established within the department of labor and industrial relations a rehabilitation unit. All professional and clerical employees of this unit shall be appointed and administered by the director. The rehabilitation unit shall have the duties and responsibilities provided in section 386-25. Employees of the unit shall be subject to chapter 76.
Haw. Rev. Stat. § 394B-6 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-6
Training costs to employers.
Status: in_force

Added costs to employers shall be restricted to increased costs incurred by employers when they assume the responsibility for assisting or training dislocated workers. Such costs may include those incurred for assistance and training supervision, for maintaining assistance or training records, for monitoring progress of training and implementing performance standards, for the additional costs of production time allocated for training on the job, and for similar functions essential to dislocated workers assistance and training.
Haw. Rev. Stat. § 392-69 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-69
Request for wage and employment information.
Status: in_force

An employer to whom the department has sent a request for wage and employment information for an employee claiming benefits against the trust fund for disability benefits, shall complete and file such information within seven days from date the request was sent. If an employer fails to file such information in seven days, the director shall levy a penalty of $250 for each delinquent request, unless the failure to file such information is excused by the director after a showing by the employer that such filing could not be made on the prescribed date therefor owing to conditions over which the employer had no control.
Haw. Rev. Stat. § 386A-5 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-5
Board meetings.
Status: in_force

(a) The board's quorum to transact business shall consist of at least three directors. Unless a quorum is present, no business shall be transacted.

(b) Each director shall have one vote. All board actions and decisions shall be by majority vote.

(c) Directors shall determine the time and place of the board's regular meetings. The fund's administrator shall notify directors of the time and place of meetings.

(d) Special meetings may be held at the call of the chairperson or any two directors upon giving at least seven days' written notice to all other directors. Unless otherwise specified in the call and notice, meetings shall be held at the fund's principal office.

(e) Directors shall elect a chairperson, secretary, and treasurer and other officers as it decides.

(f) Directors may also exercise their powers by written assent of all directors. [L 1985, c 296, pt of §11]
Haw. Rev. Stat. § 392-23 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-23
Duration of benefit payments.
Status: in_force

Temporary disability benefits shall be payable for any period of disability following the expiration of the waiting period required in section 392-24.

The duration of benefit payments shall not exceed twenty-six weeks for any period of disability or during any benefit year. [L 1969, c 148, pt of §1]
Haw. Rev. Stat. § 386-3 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-3
Injuries covered.
Status: in_force

(a) If an employee suffers personal injury either by accident arising out of and in the course of the employment or by disease proximately caused by or resulting from the nature of the employment, the employee's employer or the special compensation fund shall pay compensation to the employee or the employee's dependents as provided in this chapter.

Accident arising out of and in the course of the employment includes the wilful act of a third person directed against an employee because of the employee's employment.

(b) No compensation shall be allowed for an injury incurred by an employee by the employee's wilful intention to injure oneself or another by actively engaging in any unprovoked non-work related physical altercation other than in self-defense, or by the employee's intoxication.

(c) A claim for mental stress resulting solely from disciplinary action taken in good faith by the employer shall not be allowed; provided that if a collective bargaining agreement or other employment agreement specifies a different standard than good faith for disciplinary actions, the standards set in the collective bargaining agreement or other employment agreement shall be applied in lieu of the good faith standard. For purposes of this subsection, the standards set in the collective bargaining agreement or other employment agreement shall be applied in any proceeding before the department, the appellate board, and the appellate courts. [L 1963, c 116, pt of §1; Supp, §97-3; HRS §386-3; gen ch 1985; am L 1995, c 234, §6; am L 1998, c 224, §2]
Haw. Rev. Stat. § 396-14 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-14
Evidence.
Status: in_force

No record or determination of any administrative proceeding under this chapter or any statement or report of any kind obtained, received, or prepared in connection with the administration or enforcement of this chapter shall be admitted or used, whether as evidence or as discovery, in any civil action growing out of any matter mentioned in the record, determination, statement, or report other than an action for enforcement or review under this chapter.
Haw. Rev. Stat. § 397-13 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-13
Boiler and elevator revolving fund; establishment; purpose.
Status: in_force

(a) There is established in the state treasury the boiler and elevator revolving fund, into which shall be deposited all fees collected pursuant to section 397-5 and any appropriation from the legislature. All interest and investment moneys earned on any moneys in the revolving fund shall become part of the revolving fund.

(b) The purpose of the revolving fund is to provide for sufficient operating costs to carry out the purposes of this chapter. Moneys in the fund may be expended for:

(1) Personnel and operating expenses;

(2) Staff training and staff certification fees and expenses;

(3) Preparation and dissemination of public information on safe installation and use of equipment regulated by this chapter;

(4) Preparation of annual reports to the legislature as required by this chapter; and

(5) Reimbursement to the general fund as required by this section.

(c) The director shall submit a report to the legislature on the status of the boiler and elevator revolving fund, including expenditures and program results, not less than twenty days prior to the convening of each regular session.

(d) No later than thirteen years from the date of the establishment of the revolving fund, the director shall reimburse the general fund for the amount of any initial appropriation that was made by the general revenues of the State to the revolving fund. [L 2012, c 103, §1; am L 2018, c 186, §5; am L 2022, c 102, §4]
Haw. Rev. Stat. § 388-9.5 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-9.5
[ §388-9.
Status: in_force

[ §388-9.5] Order of wage payment violation; appeal. (a) When the department of labor and industrial relations, as a result of the department's own investigation, finds that a violation of this chapter or administrative 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 388-10(a).

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

(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 rendered 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 2017, c 135, pt of §2]
Haw. Rev. Stat. § 385-3 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-3
Payment of benefits.
Status: in_force

Additional unemployment benefits are payable from the fund to unemployed claimants who are eligible under this chapter.
Haw. Rev. Stat. § 373-21 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-21
Exemption of vocational rehabilitation services.
Status: in_force

Providers of vocational rehabilitation services for injured workers covered by approved worker compensation plans under section 386-25 shall not be considered employment agencies under this section; provided that the providers confine their services to those specified under section 386-25 and do not hold themselves out to the public as employment agencies under this chapter.
Haw. Rev. Stat. § 371-13 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-13
Cooperation with federal agencies.
Status: in_force

The department of labor and industrial relations may assist and cooperate with the wage and hour division, United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938, and, subject to regulations of the administrator of the wage and hour division and the laws of the State applicable to the receipt and expenditure of money, may be reimbursed by the division for the reasonable cost of such assistance and cooperation.
Haw. Rev. Stat. § 383-99 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-99
Oaths and subpoenas.
Status: in_force

In the discharge of the duties, imposed by this chapter, the director of labor and industrial relations, any duly authorized representative of the director, the referee, and any substitute referee, shall have the same powers respecting the administration of oaths, compelling the attendance of witnesses, the production of documentary evidence, and examining or causing to be examined witnesses, as are possessed by a circuit court and may take depositions and certify to official acts. Upon application of any of them the circuit court of any circuit or any judge of such court shall have power to enforce by proper proceedings the attendance and testimony of any witness so subpoenaed. Subject to sections 383-125 and 383-126, subpoena and witness fees and mileage in such cases shall be the same as in criminal cases in the circuit courts and the necessary expenses of or in connection with any hearings or investigations shall be paid from the employment security administration fund.
Haw. Rev. Stat. § 398A-4 — HI Code / Division 1 / Title 21 / Chapter 398A / Section 398A-4
[ §398A-4] Restoration of employment.
Status: in_force

[ §398A-4] Restoration of employment. An employer, upon expiration of a leave authorized by this chapter, shall restore an employee to the position held by the employee when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the employee's exercise of rights under this chapter.
Haw. Rev. Stat. § 383-30 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-30
Disqualification for benefits.
Status: in_force

An individual shall be disqualified for benefits:

(1) Voluntary separation. For any week prior to October1, 1989, in which the individual has left work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been employed for at least five consecutive weeks of employment. For the purposes of this paragraph, "weeks of employment" means all those weeks within each of which the individual has performed services in employment for not less than two days or four hours per week, for one or more employers, whether or not such employers are subject to this chapter. For any week beginning on and after October1, 1989, in which the individual has left the individual's work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).

An owner-employee of a corporation who brings about the owner-employee's unemployment by divesting ownership, leasing the business interest, terminating the business, or by other similar actions where the owner-employee is the party initiating termination of the employment relationship, has voluntarily left employment.

(2) Discharge or suspension for misconduct. For any week prior to October1, 1989, in which the individual has been discharged for misconduct connected with work, and continuing until the individual has, subsequent to the week in which the discharge occurred, been employed for at least five consecutive weeks of employment. For the week in which the individual has been suspended for misconduct connected with work and for not less than one or more than four consecutive weeks of unemployment which immediately follow such week, as determined in each case in accordance with the seriousness of the misconduct. For the purposes of this paragraph, "weeks of employment" means all those weeks within each of which the individual has performed services in employment for not less than two days or four hours per week, for one or more employers, whether or not such employers are subject to this chapter. For any week beginning on and after October1, 1989, in which the individual has been discharged for misconduct connected with work, and until the individual has, subsequent to the week in which the discharge occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).

(3) Failure to apply for work, etc. For any week prior to October1, 1989, in which the individual failed, without good cause, either to apply for available, suitable work when so directed by the employment office or any duly authorized representative of the department of labor and industrial relations, or to accept suitable work when offered and continuing until the individual has, subsequent to the week in which the failure occurred, been employed for at least five consecutive weeks of employment. For the purposes of this paragraph, "weeks of employment" means all those weeks within each of which the individual has performed services in employment for not less than two days or four hours per week, for one or more employers, whether or not such employers are subject to this chapter. For any week beginning on and after October1, 1989, in which the individual failed, without good cause, either to apply for available, suitable work when so directed by the employment office or any duly authorized representative of the department of labor and industrial relations, or to accept suitable work when offered until the individual has, subsequent to the week in which the failure occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).

(A) In determining whether or not any work is suitable for an individual there shall be considered among other factors and in addition to those enumerated in paragraph (3)(B), the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness and prior training, the individual's experience and prior earnings, the length of unemployment, the individual's prospects for obtaining work in the individual's customary occupation, the distance of available work from the individual's residence, and prospects for obtaining local work. The same factors so far as applicable shall be considered in determining the existence of good cause for an individual's voluntarily leaving work under paragraph (1).

(B) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(i) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(ii) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

(iii) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

(4) Labor dispute. For any week with respect to which it is found that unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed; provided that this paragraph shall not apply if it is shown that:

(A) The individual is not participating in or directly interested in the labor dispute which caused the stoppage of work; and

(B) The individual does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or directly interested in the dispute; provided that if in any case separate branches of work, which are commonly conducted as separate businesses in separate premises, are conducted in separate departments of the same premises, each such department shall, for the purpose of this paragraph, be deemed to be a separate factory, establishment, or other premises.

(5) If the department finds that the individual has within the twenty-four calendar months immediately preceding any week of unemployment made a false statement or representation of a material fact knowing it to be false or knowingly failed to disclose a material fact to obtain any benefits not due under this chapter, the individual shall be disqualified for benefits beginning with the week in which the department makes the determination and for each consecutive week during the current and subsequent twenty-four calendar months immediately following such determination, and such individual shall not be entitled to any benefit under this chapter for the duration of such period; provided that no disqualification shall be imposed if proceedings have been undertaken against the individual under section 383-141.

(6) Other unemployment benefits. For any week or part of a week with respect to which the individual has received or is seeking unemployment benefits under any other employment security law, but this paragraph shall not apply[:]

(A) If the appropriate agency finally determines that the individual is not entitled to benefits under such other law; or

(B) If benefits are payable to the individual under an act of Congress which has as its purpose the supplementation of unemployment benefits under a state law. [L 1939, c 219, §5; am L 1941, c 304, §1, subs 17; RL 1945, §4231; am L Sp 1949, c 13, §1; am L 1951, c 195, §1(5); am L 1953, c 22, §1(1), (6); am L 1955, c 80, §1(a), (b); RL 1955, §93-29; am L 1957, c 74, §2(1); am L 1959, c 232, §3; am L Sp 1959 2d, c 1, §27; HRS §383-30; am L 1973, c 75, §1; am L 1976, c 157, §2; am L 1978, c 198, §1; am L 1982, c 20, §1; gen ch 1985; am L 1986, c 32, §3 and c 162, §4]

Revision Note

In paragraph (6), (A) and (B) reformatted as subparagraphs (A) and (B) and in paragraph (6)(A), punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 383-45 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-45
Governing provisions.
Status: in_force

The procedure with respect to the filing of claims and with respect to determination and redeterminations thereupon and with respect to appeals from such determinations and redeterminations and with respect to judicial review of decisions on such appeals shall be governed by sections 383-31 to 383-43, any other provisions of this chapter or of chapter 371 to the contrary notwithstanding.
Haw. Rev. Stat. § 373-2 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-2
License required.
Status: in_force

No employment agency shall engage in business without a license obtained under this chapter and the rules of the director.
Haw. Rev. Stat. § 386-163 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-163
Administration.
Status: in_force

This part shall be administered by the director of labor and industrial relations. The director may promulgate such additional rules and regulations relative thereto as the director deems necessary or convenient for carrying out the purposes of this part. Procedure in respect of claims hereunder, including procedure upon appeals, shall correspond to the procedure provided in this chapter, except that notice of injury shall be given to the commanding officer of the unit to which the injured person is attached and the commanding officer shall in turn report the same to the division.
Haw. Rev. Stat. § 394-9 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-9
Eligibility requirements.
Status: in_force

(a) In order to be eligible for state-assisted training or retraining under section 394-8, businesses must:

(1) Be licensed to do business in Hawaii;

(2) Establish or expand operations in Hawaii; and

(3) Be engaged in research, development, manufacturing, production, or delivery of services in growth industries such as, but not limited to, electronics, software, instrumentation, biotechnology, renewable energy, telecommunications, computers, mariculture, aquaculture, tropical agriculture, Hawaiian natural products, and space applications including astronomical research.

(b) The department may adopt rules to further clarify qualifying businesses and industries, eligible job positions for training, and eligible persons for job training to promote economic expansion within the State and may consult with the department of business, economic development, and tourism prior to issuing these rules. [L 1987, c 241, §3; am L 1988, c 141, §36; am L 1990, c 293, §8]
Haw. Rev. Stat. § 383-64 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-64
Credits for contributions; destruction of employer accounts and records.
Status: in_force

(a) The director shall maintain a separate account for each employer and shall credit the employer's account with all the contributions paid by the employer as of the date of payment. Nothing in this chapter shall be construed to grant any employer or individual in the employer's service prior claims or rights to the amounts paid by the employer into the fund.

(b) If an employer's account becomes inactive because services constituting employment are no longer performed for the employer and the account remains inactive for five consecutive calendar years, the account shall become void and may be destroyed, and, notwithstanding any provision to the contrary, the employer shall have no claim or right to the contributions credited to the account. [L 1939, c 219, §7(c)(1); am L 1941, c 304, §1, pt of subs 21; RL 1945, §4249; am L 1949, c 316, §1(3); RL 1955, §93-63; am L 1964, c 55, §5; HRS §383-64; am L 1969, c 14, §1; gen ch 1985]
Haw. Rev. Stat. § 371-18 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-18
Staffing for federally funded programs.
Status: in_force

Positions established by the department to implement federally funded employment or training programs, or both, including but not limited to those established under the Comprehensive Employment and Training Act, Job Training Partnership Act, Workforce Investment Act, and the welfare to work program, may be exempt from chapter 76.
Haw. Rev. Stat. § 382-4 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-4
Employees under government operation.
Status: in_force

In operating the plant and facilities of each company the governor, so far as possible and to the extent employees are needed, shall employ the personnel employed by the company upon the seizure and taking of possession thereof or immediately prior to the disruption of service by the company, including employees on strike or locked out, if the disruption is due to a strike or lockout. Persons so employed by the governor or otherwise employed by the governor shall not by reason of such employment be or become entitled to civil service, retirement, vacation, or other benefits provided by law for other employees of the State, nor shall they be required to possess the qualifications of other government employees, and no person shall be ineligible for employment by reason of the fact that the person is not a citizen of the United States or a resident of the State; provided that if it is necessary to employ persons who were not theretofore employed by the company, those persons shall possess the residence qualifications prescribed by section 78-1.

The salaries and wage rates of the persons employed by the State shall be the same as those which existed in the industry immediately prior to the disruption of service occasioning the emergency. There shall be no deductions from such salaries and wages except as authorized by law in the case of other state employees. The hours of employment shall be the same as existed in the industry immediately prior to the disruption of service and insofar as possible the other conditions of employment shall be the same as then existed, and neither the governor nor the designated agency shall have authority to enter into negotiations with any such company or with any labor organization for a collective bargaining contract with respect to wages, hours, and other terms and conditions of employment in the industry. All services performed in the employ of the State in government operations under this chapter shall constitute employment for the purposes of chapters 383 and 386 and to the extent of the services the State shall be deemed an employer within the meaning of such chapters and shall make the contributions required of a new employer as prescribed by chapter 383. [L 1951, c 209, pt of §4; RL 1955, §92-5; HRS §382-4; gen ch 1985; am L 2006, c 48, §6]
Haw. Rev. Stat. § 381-1 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-1
Definitions.
Status: in_force

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

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

"Dispute" and "labor dispute" mean any controversy concerning wages, hours, and other terms and 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 and conditions of employment.

"Employee" means any person, whether or not a member of a labor organization, in the employ of a public utility and whose duties pertain or relate to the public utility service in which the public utility is engaged.

"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 a public utility to furnish work to employees as a result of a labor dispute.

"Public utility" has the meaning given that term in section 269-1, excluding, however, the State or any county or any commission or board of the State or of any county, and any person subject to the Federal Railway Labor Act, as amended from time to time.

"Representative" means any person or persons, labor organization, organization, or corporation designated either by a public utility or by employees to act for it or them.

"Strike" means the temporary stoppage of work, slowdown, or retarding of production or operations by the concerted action of two or more employees as a result of a labor dispute. [L 1949, c 146, pt of §1; RL 1955, §91-2; HRS §381-1]

Revision Note
Haw. Rev. Stat. § 388-11.5 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-11.5
[ §388-11.
Status: in_force

[ §388-11.5] Contractor liability; unpaid wages. (a) A general contractor entering into or under a contract in the State for the erection, construction, alteration, or repair of a building, structure, or other private construction work not subject to chapter 104 shall assume and be liable for any debt owed to a claimant for wages incurred by a subcontractor at any tier acting under, by, or for the general contractor, for the claimant's performance of labor included in the contract between the general contractor and the owner. The general contractor's liability under this section shall extend only to unpaid wages to the claimant, including any interest owed, but shall not extend to penalties, consequential or liquidated damages, or any benefit, fringe benefit, or contribution claims.

A general contractor shall not evade or commit any act that negates the requirements of this section; provided that this section does not prohibit a general contractor or subcontractor from contracting with or enforcing any lawful remedies against a subcontractor for the liability created by the nonpayment of wages by the subcontractor or by a subcontractor at any tier working under another subcontractor.

(b) Notwithstanding any law to the contrary, actions to enforce a general contractor's liability for unpaid wages may include the following:

(1) The director may enforce liability for unpaid wages established by subsection (a) against a general contractor; provided that the general contractor's liability shall be limited to unpaid wages, including any interest owed; or

(2) A joint labor-management cooperation committee established pursuant to section 175a of the federal Labor Management Cooperation Act of 1978 (29 U.S.C. 175a) may bring an action in any court of competent jurisdiction against a general contractor or subcontractor at any tier for unpaid wages owed to a claimant by the general contractor or subcontractor for the performance of private construction work not subject to chapter 104, including unpaid wages owed by the general contractor, pursuant to subsection (a). The court may award a prevailing party in the action reasonable attorney's fees and costs, including expert witness fees; provided that attorney's fees and costs, including expert witness fees, shall not be awarded against a general contractor for unpaid wages except for those of its direct employees. As a condition precedent to an action against a general contractor to enforce the liability established by subsection (a), the committee shall provide written notice to the general contractor and subcontractor who employed the claimant, within ninety days from the date on which the person did or performed the labor for which claim is made, but no later than forty-five days after the date of completion as defined in section 507-43, stating with substantial accuracy the amount claimed and the name of the party for whom the labor was done or performed. The written notice shall be served by registered or certified mail to the general contractor and subcontractor at any place the general contractor or subcontractor maintains an office or conducts their business, or in any manner authorized by law to serve notice. The written notice shall not limit the liability of the general contractor or preclude subsequent amendments of an action to encompass additional claimants employed by the subcontractor.

No other party may bring an action against a general contractor to enforce the liability established in this section.

(c) Unless otherwise provided by law, property of the general contractor may be attached for the payment of any judgment received after trial and pursuant to this section.

(d) An action brought pursuant to this section shall be filed within one year from the date on which the person did or performed the labor for which the claim is made, but no later than forty-five days after the date of completion as defined in section 507-43.

(e) This section does not apply to work performed by an employee of the State or any political subdivision of the State.

(f) Upon request by a general contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract with the subcontractor shall provide payroll records, which, at a minimum, shall contain the information set forth in section 387-6 of its employees who are providing labor on a private construction work. The payroll records shall be marked or obliterated only to prevent disclosure of an employee's full social security number, except that the last four digits of the employee's social security number shall be provided. Upon request of a general contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract with the subcontractor shall provide the general contractor with award information that includes the project name, name and address of the subcontractor, lower-tier subcontractor with whom the subcontractor is under contract, anticipated start date, duration, estimated journeyperson and apprentice hours, and contact information for the subcontractors on the project. A subcontractor's failure to comply with this subsection shall not relieve a general contractor from any of the obligations contained in this section.

(g) The obligations and remedies in this section shall be in addition to any obligations and remedies otherwise provided by law, except that nothing in this section shall be construed to impose liability on a general contractor for anything other than unpaid wages to the claimant, including any interest owed, and shall not extend to penalties, consequential or liquidated damages, or any benefit, fringe benefit, or contribution claims.

(h) Nothing in this section shall alter an owner's obligation to pay a general contractor, or the general contractor's obligation to pay a subcontractor, in a timely manner; provided that a general contractor may withhold all sums owed to a subcontractor if the subcontractor does not provide the information requested under subsection (f) in a timely manner and until the time that the information is provided.

(i) The provisions of this section shall be severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(j) For purposes of this section:

"General contractor" means a contractor who has a direct contractual relationship with an owner.

"Subcontractor" means a contractor who does not have a direct contractual relationship with an owner. "Subcontractor" includes a contractor who has a contractual relationship with a general contractor or with another subcontractor. [L 2023, c 47, §1]
Haw. Rev. Stat. § 383-63 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-63
Definitions for experience rating provisions.
Status: in_force

As used in sections 383-63 to 383-69:

"Adequate reserve fund" means an amount that is equal to the amount derived by multiplying the benefit cost rate that is the highest during the ten-year period ending on November 30 of each year by the total remuneration paid by all employers, with respect to all employment for which contributions are payable during the last four calendar quarters ending on June 30 of the same year, as reported on contribution reports filed on or before October 31 of the same year. "Remuneration", as used in this definition, means wages as defined in section 383-10. For the purpose of determining the highest benefit cost rate, the benefit cost rate for the first twelve-consecutive-calendar-month period beginning with the first day of the first month of the ten-year period and for each succeeding twelve-consecutive-calendar-month period beginning with the first day of each subsequent month shall be computed.

Effective for the calendar years 1992 through 2007, and for calendar year 2011, "adequate reserve fund" means an amount that is equal to the amount derived by multiplying the benefit cost rate that is the highest during the ten-year period ending on November 30 of each year by the total remuneration paid by all employers, with respect to all employment for which contributions are payable during the last four calendar quarters ending on June 30 of the same year, as reported on contribution reports filed on or before October 31 of the same year.

Effective for the calendar years 2023 through 2030, "adequate reserve fund" means an amount that is equal to the amount derived by multiplying the benefit cost rate that is the highest during the ten-year period ending on November 30 of each year by the total remuneration paid by all employers, with respect to all employment for which contributions are payable during the last four calendar quarters ending on June 30 of the same year, as reported on contribution reports filed on or before October 31 of the same year, but shall not include the benefit cost rate from June 2020 through August 2021.

"Annual payroll" means the total amount of wages for employment paid by an employer during a calendar year; and "average annual payroll" means the average of the annual payrolls of an employer for a period consisting of the three consecutive calendar years immediately preceding the calendar year for which rates are computed, except that, for an employer whose account has been chargeable with benefits throughout at least one year but less than three years ending on December 31, 1955, and each December 31 thereafter, "average annual payroll" means one-third of the sum of the employer's cumulative payrolls for the period in which the employer has been subject to this chapter, but not more than the three calendar years ending on such December 31. Whenever there was or is a change in the definition of "employment" or in the definition of "wages", effective for the purposes of this chapter generally or of this part at the commencement of or at a date within the three-year period of any average annual payroll, "employment" and "wages" for the purpose of determining each annual payroll within such period and the average annual payroll for such period, shall have the meaning prior to the effective date of such change which they had in accordance with this chapter then in effect and shall have the meaning after the effective date of such change assigned to them by the amendment to this chapter providing for such change.

"Base period employers" means employers by whom an individual was paid the individual's base period wages.

"Base period wages" means the wages paid to an individual during the individual's base period for insured work.

"Benefit cost rate" means the rate derived by dividing the total net benefits paid to all individuals during a twelve-consecutive-calendar-month period by the total remuneration paid by all employers with respect to employment for which contributions are payable during the last four completed calendar quarters ending at least five months before the end of the twelve-consecutive-month period. "Remuneration", as used in this definition, means wages as defined in section 383-10.

"Contributions" includes the money payments required by this chapter to be made into the fund by any employing unit on account of having individuals in its employ. "Contributions" does not include penalties or interest for delinquency in payments.

"Current reserve fund" means the total assets of the fund available for the payment of benefits on November 30 of each year (exclusive of all moneys credited under section 903 of the Social Security Act to the account of this State in the unemployment trust fund that have been appropriated for expenses of administration whether or not withdrawn from the trust fund).

"Reserve balance" means the difference between all contributions paid by an employer and credited to the employer's account for all periods before January 1 (including those paid before February 1 of the same year with respect to wages paid by the employer before January 1 of the same year) and the total benefits chargeable to the employer's account for all periods before January 1 of the same year. [L 1941, c 304, §1, pt of subs 21; RL 1945, §4248; am L 1949, c 316, §1(1), (2); am L 1953, c 41, §1(6); am L 1955, c 18, §1(1); RL 1955, §93-62; am L 1964, c 55, §4; HRS §383-63; am L 1969, c 277, §1; am L 1978, c 235, §3; gen ch 1985; am L 1991, c 68, §6; am L 2007, c 110, §4; am L 2010, c 2, §4; am L 2022, c 281, §1]
Haw. Rev. Stat. § 393-12 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-12
Choice of plan type and of contractor.
Status: in_force

(a) Every employer required to provide coverage for the employer's employees by a prepaid group health care plan under this chapter shall elect whether coverage shall be provided by:

(1) A plan which obligates the prepaid health care plan contractor to furnish the required health care benefits; or

(2) A plan which obligates the prepaid health care plan contractor to defray or reimburse the expenses of health care.

The employer's election is binding for one year.

(b) Whether the employer elects a plan type described in subsection (a)(1) or in subsection (a)(2), the employer may elect the particular contractor but the employee shall not be obligated to contribute a greater amount to the premium than the employee would have to contribute had the employer elected coverage with the contractor providing the prevailing coverage of the respective type in the State.

Subject to the provision of section 393-20, the employer shall provide coverage with the prepaid health care plan contractor selected pursuant to this subsection for all the employer's employees in the State electing this type of coverage who are covered by the provisions of this chapter, except for employees covered by the health care provisions of an applicable collective bargaining agreement as provided in section 393-19(b) first sentence. [L 1974, c 210, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 371K-7 — HI Code / Division 1 / Title 21 / Chapter 371K / Section 371K-7
Relationships with other departments and agencies and cooperation with office of community services.
Status: in_force

Every state department, county agency, or other public or private agencies providing programs and services to the disadvantaged, refugees, and immigrants shall be encouraged to actively work toward the goals and objectives established by the office of community services and to coordinate with the office of community services the development of its program plans. The executive heads of all such departments and agencies shall cooperate with the office of community services in providing information as the office deems necessary for the effective discharge of its duties. However, nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers, and duties prescribed by law for any other department or agency of this State or county, nor to terminate any existing contracts between such department or agency and any private organizations for the development or administration of programs or services to the disadvantaged, refugees, and immigrants. Notwithstanding that each county shall maintain maximum control over the development and administration of human service programs tailored to meet county needs, each department, agency, officer, and employee of the State and of the counties shall cooperate with and assist the office of community services in the performance of the functions, powers, and duties of the office.
Haw. Rev. Stat. § 386-162 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-162
Terms defined.
Status: in_force

"Personal injury", "compensation", and "dependents" within the meaning of section 386-161 has the same meaning as is given to these terms in sections 386-1 and 386-42.
Haw. Rev. Stat. § 383-93 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-93
Investigation of unemployment hazard.
Status: in_force

The department of labor and industrial relations shall investigate and report upon the degree of unemployment hazard in various industries and occupations and shall recommend to employers in industries or occupations showing an unusual unemployment hazard means for stabilizing employment. It shall also, if necessary, recommend to the legislature a higher rate of tax for any classification of industries or occupations in which unemployment is excessive.
Haw. Rev. Stat. § 381-11 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-11
Penalties.
Status: in_force

Any public utility calling or causing a lockout in violation of section 381-9, or otherwise contrary to this chapter, or without giving the notice required by sections 381-3 and 381-8, shall be fined not more than $5,000 or, in the case of an individual, fined not more than $5,000 or imprisoned not more than six months.

Any employee calling a strike or going out on strike in violation of section 381-9, or otherwise contrary to this chapter, or without giving the notice required by sections 381-3 and 381-8, shall be fined not more than $100 or imprisoned not more than six months.

Any person instigating, inducing, or encouraging any strike or lockout in violation of section 381-9, or otherwise contrary to this chapter, shall be fined not more than $100 or imprisoned not more than six months.

The penalties provided by this section shall apply to any individual, person, corporation, or association, whether acting as principal, agent, officer, director, for oneself, or itself, or for another person. [L 1949, c 146, pt of §1; RL 1955, §91-12; HRS §381-11; gen ch 1985]
Haw. Rev. Stat. § 396-2 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-2
Findings and purpose.
Status: in_force

Through years of research and study, Congress has found that the number of industrial accidents that take place in the United States can be reduced if certain minimum standards are established and enforced.

Congress has also found that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments. The overall congressional findings would definitely be applicable to Hawaii. There is a need to assure so far as possible, every working man and woman in the State safe and healthful working conditions. This legislation is also designed to permit and encourage employer and employee efforts to reduce injury and disease arising out of employment, and to stimulate them to institute new programs and to perfect existing programs for providing safe and healthful working environments. [L 1972, c 57, pt of §1; am L 1976, c 95, §2]
Haw. Rev. Stat. § 387-14 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-14
State-federal cooperation.
Status: in_force

In the administration of this chapter, the department of labor and industrial relations shall cooperate to the fullest extent consistent with this chapter with the Administrator of the Wage and Hour Division, United States Department of Labor. [L Sp 1941, c 66, §12; RL 1945, §4365; RL 1955, §94-15; am L Sp 1959 2d, c 1, §27; HRS §387-14]
Haw. Rev. Stat. § 383-123 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-123
Withdrawals; administrative use.
Status: in_force

(a) Withdrawals. Moneys requisitioned from the State's account in the unemployment trust fund shall be used exclusively for the payment of benefits, refunds of contributions pursuant to section 383-76 and section 383-7(a)(6), and for payment of fees authorized under section 6402(f) of the Internal Revenue Code, except that moneys credited to this State's account pursuant to section 903 of the Social Security Act, as amended, shall be used exclusively as provided in subsection (b). The director of finance shall from time to time, with the approval of the department of labor and industrial relations in accordance with rules prescribed by the comptroller of the State, requisition from the unemployment trust fund such amounts, not exceeding the amount in the State's account, as it deems necessary for the payment of benefits and refunds of contributions for a reasonable future period. The moneys shall be deposited in the benefit account. Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of moneys in their custody. All benefits and refunds of contributions shall be paid from the fund upon warrants drawn upon the director of finance by the comptroller of the State supported by vouchers approved by the department. Any balance of moneys requisitioned from the unemployment trust fund that remains unclaimed or unpaid in the benefit account after the expiration of the period for which the sums were requisitioned shall either be deducted from estimates for, and may be used for the payment of, benefits and refunds during succeeding periods or, in the discretion of the department, shall be redeposited with the Secretary of the Treasury of the United States, to the credit of this State's account in the unemployment trust fund, as provided in section 383-122.

(b) Administrative use. Moneys credited to the account of this State in the unemployment trust fund by the Secretary of the Treasury of the United States pursuant to section 903 of the Social Security Act, as amended, may be requisitioned and used for the payment of benefits and for the payment of expenses incurred for the administration of this State's unemployment compensation law and public employment offices pursuant to a specific appropriation of the legislature; provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law that:

(1) Specifies the purposes for which the moneys are appropriated and the amounts appropriated therefor;

(2) Limits the period within which the moneys may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law; and

(3) Limits the amount that may be obligated to an amount that does not exceed the amount by which the aggregate of the amounts credited to the account of this State pursuant to section 903 of the Social Security Act, as amended, exceeds the aggregate of the amounts obligated pursuant to this subsection and charged against the amounts credited to the account of this State.

Moneys credited to the account of this State pursuant to section 903 of the Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits and for the payment of expenses for the administration of this chapter pursuant to this subsection.

The appropriation, obligation, and expenditure or other disposition of moneys appropriated under this subsection shall be accounted for in accordance with standards established by the United States Secretary of Labor. Moneys appropriated for the payment of expenses of administration pursuant to this subsection shall be requisitioned as needed for the payment of obligations incurred under the law appropriating the moneys and, upon requisition, shall be deposited in the employment security administration fund from which the payments shall be made. Moneys so deposited, until expended, shall remain a part of the unemployment compensation fund and, if not expended within one week after withdrawn from the unemployment trust fund, shall be returned at the earliest practical date to the Secretary of the Treasury of the United States for credit to this State's account in the unemployment trust fund.

(c) Notwithstanding subsection (b), moneys credited to the State's account in federal fiscal years ending in 2000, 2001, and 2002 shall be used solely for the administration of the unemployment compensation program and are not subject to the specific appropriation requirements of subsection (b), except that moneys credited in calendar year 2002 with respect to P.L. 107-147 shall not be subject to the conditions of this subsection or the two‑year limitation requirement specified in subsection (b).

(d) Notwithstanding subsection (b), moneys credited to the account of this State pursuant to the special transfer made in 2009 under section 903(g) of the Social Security Act, as amended, shall be used solely for the payment of expenses for the administration of this chapter. [L 1939, c 219, §9(c); am L 1941, c 304, §1, subs 30; RL 1945, §4265; RL 1955, §93-122; am L 1957, c 145, §1(b) and c 152, §1; am L Sp 1959 2d, c 1, §§14, 27; am L 1963, c 114, §1; am L 1966, c 5, §2; HRS §383-123; am L 1971, c 187, §12; am L 1973, c 4, §1; am L 1984, c 14, §1; am L 1987, c 119, §7; am L 2001, c 112, §1; am L 2005, c 249, §2; am L 2006, c 190, §§2, 3; am L 2011, c 120, §1; am L 2013, c 3, §4]
Haw. Rev. Stat. § 386A-11 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-11
Exemptions.
Status: in_force

The fund shall be exempt from the application of title 7, title 8, and title 9, in conducting the fund's business.
Haw. Rev. Stat. § 383-94 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-94
Records and reports.
Status: in_force

(a) Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the department of labor and industrial relations may prescribe. The records shall be open to inspection and be subject to being copied by the authorized representatives of the department at any reasonable time and as often as may be necessary. Any authorized representative of the department, or the referee, may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which such authorized representative, or the referee, deems necessary for the effective administration of this chapter.

(b) Each employer shall report all new employees hired subject to procedures prescribed by the department, within five working days after the first day of employment of such individual. If any employer fails to report with respect to a newly hired employee within five working days after the first day of employment, the employer shall pay a penalty in the amount of $10. Effective October 1, 1998, employers need not report all new hires to the department.

(c) Each employer shall report the separation of any employee or the wages paid to such employee, or both, upon request of the department within five calendar days from the date that the request was mailed to the employer. If any employer fails to report with respect to the separation of an individual, or the remuneration which the employer paid to the individual, or both, within five calendar days after mailing of notice from the department, the employer shall pay a penalty in the amount of $10.

(d) Each employer or employing unit as defined in section 383-1 shall furnish the department with wage information for each employee in accordance with rules as the department of labor and industrial relations may prescribe, except that no report shall be filed with respect to an employee of a state or local agency performing intelligence or counterintelligence functions, if the head of that agency has determined that filing such a report could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. Such quarterly wage report shall be filed with the department on or before the last day of the month succeeding the last month of each quarter. Any employer who fails to file a report of wages paid to each of the employer's employees for any period in the manner and within the time prescribed by this chapter and the rules of the department, or any employer who the department finds has filed an insufficient report, shall pay a penalty of $30.

(e) Penalties shall be assessed, collected, and paid into the fund in the same manner as contributions. The director, in a case of excusable failure to file any report under this section within the required time, may remit the penalty. [L 1939, c 219, §10(g); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4272; am L 1955, c 51, §1(2); RL 1955, §93-93; am L 1957, c 205, §1(c); am L Sp 1959 2d, c 1, §27; HRS §383-94; am L 1969, c 129, §2; am L 1976, c 157, §7; gen ch 1985; am L 1986, c 32, §5; am L 1997, c 172, §2]
Haw. Rev. Stat. § 386-54 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-54
Commutation of periodic payments.
Status: in_force

Upon application of the disabled employee, the employee's dependents or the employer, the director of labor and industrial relations may order that the periodic benefit payments be commuted to one or more lump sum payments equal to the present value at the time when the lump sum payments are due of the future benefit payments, computed at four per cent true discount compounded annually, if the director finds that such commutation is in the best interest of the employee or the employee's dependents and does not impose undue hardship upon the employer.

The probability of the death of the disabled employee or of a dependent entitled to benefits before the expiration of the period during which the employee or dependent is entitled to receive such payments and the probability of the remarriage of the spouse shall be determined in accordance with the latest United States Life Tables and the American Remarriage Tables, respectively, as adjusted and corrected on the basis of the most recent available experience, or in accordance with any other appropriate actuarial tables selected by the director, upon advice of the chief actuary of the Social Security Administration. The probability of the happening of any other contingency affecting the amount or duration of the benefit payments shall not be considered.

Payment of the lump sums shall discharge the employer of the employer's liability for the corresponding income and indemnity benefits. [L 1963, c 116, pt of §1; Supp, §97-53; HRS §386-54; am L 1974, c 157, §1; gen ch 1985]
Haw. Rev. Stat. § 372-5 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-5
Powers and duties of director.
Status: in_force

The director shall:

(1) Establish standards of apprenticeship and for apprenticeship agreements in conformity with this chapter;

(2) Provide assistance for the development of on-the-job training programs in nonapprenticeable occupations;

(3) Encourage and promote apprenticeship in apprenticeable occupations, including occupations in high growth and high demand industries;

(4) Approve and register apprenticeship programs and apprenticeship agreements which conform to the standards established by this chapter;

(5) Keep records of apprenticeship agreements and upon performance thereof issue certificates of completion of apprenticeship;

(6) Terminate or cancel apprenticeship agreements in accordance with the agreements, and deregister apprenticeship programs;

(7) Bring about the settlement of differences arising out of the apprenticeship agreement where the differences cannot be otherwise adjusted locally;

(8) Issue such rules and regulations as may be necessary to carry out the intent and purpose of this chapter;

(9) Appoint personnel as are necessary in the execution of the functions required under this chapter;

(10) Perform other duties as are necessary to carry out the intent and purpose of this chapter or rules pertaining to apprenticeship; and

(11) Accord reciprocal approval to apprenticeship programs and agreements that are registered in other states by the federal Office of Apprenticeship or a recognized agency of a state if such reciprocity is requested by the apprenticeship program sponsor. Program sponsors seeking reciprocal approval shall meet the wage and hour provisions and apprentice ratio standards of this State. [L Sp 1941, c 23, pt of §1; am L 1943, c 158, §1; RL 1945, §4142; RL 1955, §89-5; am L 1963, c 55, §1; am L 1967, c 20, §1(d); HRS §372-5; am L 2012, c 14, §6]
Haw. Rev. Stat. § 386-99 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-99
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. § 373L-2 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-2
Registration required.
Status: in_force

(a) Every professional employer organization shall register with the director by providing all of the information required by this section and by rules adopted by the director pursuant to chapter 91 prior to entering into any professional employer agreement with any client company in this State. Registration shall not be approved unless all of the applicable provisions of this chapter have been met to the satisfaction of the department.

(b) Registration information required by this section shall include:

(1) The name or names under which the professional employer organization conducts or will conduct business;

(2) The address of the principal place of business of the professional employer organization and the address of each office that the professional employer organization maintains in this State;

(3) The professional employer organization's general excise tax number;

(4) A copy of the certificate of authority to transact business in this State issued by the director of commerce and consumer affairs pursuant to title 23 or title 23A, if applicable;

(5) A list, organized by jurisdiction, of each name under which the professional employer organization has operated in the preceding five years, including any alternative names; names of predecessors; and, if known, names of successor business entities;

(6) A statement of ownership, which shall include the name of each person who, individually or acting in concert with any other person or persons, owns or controls, directly or indirectly, twenty-five per cent or more of the equity interests of the professional employer organization;

(7) A statement of management, which shall include the name of any person who serves as president or chief executive officer or who otherwise has the authority to act as a senior executive officer of the professional employer organization;

(8) Proof of valid workers' compensation coverage in compliance with all laws of this State;

(9) Proof of compliance with the Hawaii temporary disability insurance law;

(10) Proof of compliance with the Hawaii prepaid health care act;

(11) Proof of compliance with the Hawaii employment security law, including payment of any applicable employer liability pursuant to chapter 383;

(12) The name, address, and phone number of the financial institution utilized by the professional employer organization for payroll purposes that operates and maintains branches in the State;

(13) The name of each client company that is party to a professional employer agreement with a professional employer organization which shall be provided to the department on a form approved by the department within twenty-one business days of the initiation of the agreement and within twenty-one business days of the termination of the agreement; and

(14) A copy of the Internal Revenue Service Form W-3, Transmittal of Wage and Tax Statements, that was most recently filed with the federal government, and which shall be used for obtaining a bond or irrevocable letter of credit pursuant to section 373L-3.

(c) Registration under this section shall expire on June 30 of each even-numbered year. Before June 30 of each even-numbered year, the director or the director's authorized delegate shall mail a renewal application for registration to the address on record of the registrant. In connection with renewal of registration, a professional employer organization shall provide all of the information required by subsection (b). Failure to renew a registration shall result in termination of that registration. A professional employer organization whose registration has been terminated pursuant to this section shall be required to pay the restoration fee.

(d) Notwithstanding that a registration under this section has not expired, a professional employer organization shall submit annually, no later than June 30 of each year, to the department a copy of the Internal Revenue Service Form W-3, Transmittal of Wage and Tax Statements, that was most recently filed with the federal government. If the amount of the total payroll has changed to an amount that requires a different bond or irrevocable letter of credit amount than posted with the department, the professional employer organization shall obtain a new bond or irrevocable letter of credit to satisfy the requirements of section 373L-3. [L 2010, c 129, pt of §1; am L 2013, c 174, §5]
Haw. Rev. Stat. § 398-22 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-22
Predetermination settlement.
Status: in_force

At any time after the filing of a complaint, but prior to a determination by the department that this chapter has been violated, the parties may agree to resolve the complaint through a predetermination settlement.
Haw. Rev. Stat. § 381-14 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-14
Law as exercise of police power.
Status: in_force

This chapter shall be deemed an exercise of the police power of the State for the protection of the public welfare, safety, prosperity, health, and peace of the people; and all of the provisions of the chapter shall be liberally construed for the accomplishment of such purposes.
Haw. Rev. Stat. § 371K-8 — HI Code / Division 1 / Title 21 / Chapter 371K / Section 371K-8
[ §371K-8] Immigration services and access unit.
Status: in_force

[ §371K-8] Immigration services and access unit. The office of community services shall establish within the office an immigration services and access unit to provide for immigration services and access through program activities as described in this section. The purpose of the immigration services and access unit shall be to promote immigrant economic self-sufficiency, community inclusion, and integration. The immigration services and access unit shall provide statewide services, coordinate with relevant government and nonprofit agencies, and approve contracts with qualified nonprofit organizations to support integration and civic engagement. The immigration services and access unit shall also be responsible for the immigrant resource centers, administration of the refugee program, and management of other programs relating to immigrants.
Haw. Rev. Stat. § 387-13 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-13
Right of collective bargaining protected.
Status: in_force

Nothing in this chapter shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively through representatives of their own choosing in order to establish wages in excess of the applicable minimum under this chapter, or to establish hours of work shorter than the applicable maximum under this chapter. [L Sp 1941, c 66, §11; RL 1945, §4364; RL 1955, §94-14; HRS §387-13]
Haw. Rev. Stat. § 398-6 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-6
Certification.
Status: in_force

(a) An employer may require that a claim for family leave be supported by written certification.

(b) For the birth of a child, certification shall be issued by a health care provider or the family court. For the placement of a child for adoption with the employee, certification shall be issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family.

(c) When leave is to care for a child, spouse, reciprocal beneficiary, sibling, grandchild, or parent who has a serious health condition, certification shall be issued by the health care provider of the individual requiring care. Certification shall be considered sufficient if it provides information as required by the director. [L 1991, c 328, pt of §1; am L 1995, c 154, §6; am L 2017, c 128, §3; am L 2020, c 40, §4]
Haw. Rev. Stat. § 383-104 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-104
State employment service.
Status: in_force

The provisions of the Wagner-Peyser Act, as amended, are accepted by this State and the department of labor and industrial relations is designated and constituted the agency of this State for the purpose of the Act. The department shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such functions as are within the purview of the Wagner-Peyser Act. For the purpose of establishing and maintaining free public employment offices and promoting the use of their facilities, the department may enter into agreements with the Railroad Retirement Board, or any other agency of the United States, or of this or any other state charged with the administration of any law whose purposes are reasonably related to the purposes of this chapter, and as a part of such agreements may accept moneys, services, or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. All moneys received for such purposes shall be deposited with the director of finance of the State and shall be expended subject to regulations of the federal government and subject to appropriation, budgeting, and accounting requirements of the State.
Haw. Rev. Stat. § 373-11 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-11
Prohibition.
Status: in_force

No employment agency licensed under this chapter and no agent or employee of an employment agency shall do, make, or cause to be made or done any of the following acts herein prohibited and every employment agency, its agents, and employees shall do and perform every act, duty, or requirement hereinafter prescribed.

(1) No employment agency shall cause to be printed, published, or circulated any false, fraudulent, or misleading information, notice, or advertisement, nor shall an employment agency give or cause to be made or given any false promise, misrepresentation, or misleading statement or information.

(2) No employment agency shall send out any resume or applicant for employment without having first obtained either orally or in writing a bona fide job order from the prospective employer.

(3) No employment agency shall knowingly send out any applicant for employment to any place where a strike, walk-out, or other labor dispute exists without first furnishing the applicant with a written statement as to the existence of the labor dispute, and the employment agency shall retain on file for two years after the date thereof, a copy of the statement of fact, signed by the applicant so sent.

(4) No employment agency shall divide or share, or offer to divide or share with any employer, the employer's employees, agents, or representatives, any fee, charge, or compensation received from any applicant. No employment agency shall cause or attempt to cause the discharge of any person not an employee of the employment agency for the purpose of obtaining other employment through the agency for such person.

(5) No employment agency shall send out any minor applicant for employment without making an investigation of the nature of the employment or engagement and the duties thereof and reputation of the employer. No employment agency shall wilfully or knowingly send or direct any applicant for employment to any employment of an immoral character. No employment agency shall wilfully or knowingly procure or place or attempt to place any minor in any employment in any place where intoxicating liquors are served or sold.

(6) No employment agency shall wilfully or knowingly place or assist in placing any applicant in employment in violation of any law of this State or any lawful order, rule, or regulation prescribed by the director.

(7) No employment agency shall require an applicant to pay any advance fee or any other fee, deposit, or compensation other than as prescribed in this chapter.

(8) No employment agency shall display, on any sign or window or in any publication the name "United States Employment Service" or "State of Hawaii Employment Service".

(9) No employment agency or any person connected therewith shall receive or require any applicant to execute any power of attorney, promissory note, negotiable instrument, assignment of wages or salary, note authorizing a confession of judgment, or any instrument or document relating to the liability of the applicant.

(10) No employment agency or any person connected therewith shall make representations to applicants concerning prospective positions, the character and probable length of employments, hours, salary, and other relevant terms and conditions of employment which are not, to the best of its knowledge, accurate.

(11) No employment agency shall withhold from applicants written disclosure of any fees or charges for services rendered prior to the rendering of such services.

(12) No employment agency shall provide information relating to an applicant's personal record, employment record, qualifications, and salary requirement to an employer directly, by mail, or otherwise, unless such information is accurate and complete to the best of its knowledge, and the employer has expressed an interest in the applicant.

(13) No employment agency shall charge an applicant any fee or service charge until such time as an applicant is employed by an employer as a result of the employment agency's efforts and has received actual earnings from employment.

(14) No employment agency shall require the employer to withhold from the applicant's actual earnings from employment any fee or service charge that has been negotiated by contract between the applicant and the employment agency unless the withholding of such fee or service charge is specifically authorized or requested, by full signature, in writing by the applicant. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-11; HRS §373-11; am L 1973, c 52, §1; am L 1980, c 302, pt of §2; am L 1982, c 207, §1; am L 1985, c 135, §6; gen ch 1985; am L 2002, c 22, §8]
Haw. Rev. Stat. § 387-17 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-17
Remittance of penalties.
Status: in_force

Until the order of wage payment violation becomes final, the director may withdraw or modify the order of wage payment violation or remit all or any part of a penalty assessed if good cause is shown; provided that the employer in default complies with this chapter and the rules adopted under this chapter.
Haw. Rev. Stat. § 388-9.6 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-9.6
[ §388-9.
Status: in_force

[ §388-9.6] Remittance of penalties. Until the order of wage payment violation becomes final, the director may withdraw or modify the order of wage payment violation or remit all or any part of a penalty assessed if good cause is shown; provided that the employer in default complies with this chapter and the administrative rules adopted under this chapter.
Haw. Rev. Stat. § 386-201 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-201
Financial statements and other reports.
Status: in_force

(a) Each group shall submit to the insurance commissioner a statement of financial condition audited by an independent certified public accountant on or before the last day of the sixth month following the end of the group's fiscal year. The financial statement shall be on a form prescribed by the insurance commissioner and shall include, but not be limited to, actuarially appropriate reserves for:

(1) Known claims and expenses associated therewith;

(2) Claims incurred but not reported and expenses associated therewith;

(3) Unearned premiums; and

(4) Bad debts, reserves for which shall be shown as liabilities.

An actuarial opinion regarding reserves for known claims and expenses associated therewith and claims incurred but not reported and expenses associated therewith shall be included in the audited financial statement. The actuarial opinion shall be given by a member of the American Academy of Actuaries or other qualified loss reserve specialist as defined in the annual statement adopted by the National Association of Insurance Commissioners.

(b) No person shall make any untrue statement of a material fact in connection with the solicitation of membership of a group. No person shall omit to state a material fact which makes the statement misleading, in light of the circumstances under which it is made, in connection with the solicitation of membership of a group.

(c) The insurance commissioner may prescribe the format and frequency of other reports which may include, but shall not be limited to, payroll audit reports, summary loss reports, and quarterly financial statements. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 383-67 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-67
Reserve ratio.
Status: in_force

For the calendar year 1970 and for each calendar year thereafter, an employer's reserve ratio shall be determined by dividing the employer's most recent reserve balance by the employer's most recent average annual payroll. The ratio shall be rounded to the nearest ten-thousandths.
Haw. Rev. Stat. § 398-8 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-8
Prohibited acts.
Status: in_force

(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this chapter.

(b) It shall be unlawful for any employer to discharge or in any other manner discriminate against any individual for opposing any practice made unlawful by this chapter.

(c) It shall be unlawful for any person to discharge or in any other manner discriminate against any individual because the individual has:

(1) Filed any charge, or instituted or caused to be instituted any proceeding, under or related to this chapter;

(2) Given or is about to give any information in connection with any inquiry or proceeding relating to any right provided under this chapter; or

(3) Testified or is about to testify in any inquiry or proceeding relating to any right provided under this chapter. [L 1991, c 328, pt of §1]
Haw. Rev. Stat. § 383-7.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-7.5
[ §383-7.
Status: in_force

[ §383-7.5] Part-time work; benefits available. Notwithstanding any law to the contrary under this chapter, an individual shall not be denied regular unemployment benefits relating to availability for work, active search for work, or refusal to accept work, solely because the individual is seeking only part-time work; provided that this section shall not apply if a majority of the weeks of work in the individual's base period does not include part-time work.
Haw. Rev. Stat. § 386-95 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-95
Reports of injuries, other reports, penalty.
Status: in_force

Every employer shall keep a record of all injuries, fatal or otherwise, received by the employer's employees in the course of their employment, when known to the employer or brought to the employer's attention.

Within seven working days after the employer has knowledge of such injury causing absence from work for one day or more or requiring medical treatment beyond ordinary first aid, the employer shall make a report thereon to the director. The report shall set forth the name, address, and nature of the employer's business and the name, age, sex, wages, and occupation of the injured employee and shall state the date and hour of the accident, if the injury is produced thereby, the nature and cause of the injury, and such other information as the director may require.

By January 31 of each year, the employer shall file with the director a report with respect to each injury on which the employer is continuing to pay compensation, showing all amounts paid by the employer on account of the injury.

The reports required by this section shall be made on forms to be obtained from the director pursuant to section 386-71 and deposit of reports in the United States mail or by electronic means as approved by the director, addressed to the director, within the time specified shall be deemed compliance with the requirements of this section.

When an injury results in immediate death, the employer shall within forty-eight hours notify personally or by telephone a representative of the department in the county where the injury occurred.

Within thirty days after final payment of compensation for an injury, the employer shall file a final report with the director showing the total payments made, the date of termination of temporary total disability, and such other information as the director may require.

Any employer who wilfully refuses or neglects to file any of the reports or give any notice required by this section shall be fined by the director not more than $5,000.

Copies of all reports, other than those of fatal injuries, filed with the director as required by this section shall be sent to the injured employee by the employer. [L 1963, c 116, pt of §1; am L 1965, c 59, §1; Supp, §97-110; am L 1966, c 7, §2; HRS §386-95; am L 1973, c 10, §1; am L 1982, c 51, §1; gen ch 1985; am L 1988, c 37, §3; am L 1993, c 254, §1; am L 2002, c 221, §1; am L 2016, c 187, §2]
Haw. Rev. Stat. § 383-163.6 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-163.6
Voluntary deduction and withholding of federal and state income taxes.
Status: in_force

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that:

(1) Unemployment compensation is subject to federal and state income tax;

(2) Requirements exist pertaining to estimated tax payments;

(3) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the Internal Revenue Code of 1986, as amended;

(4) The individual may elect to have state income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in section 235-69;

(5) The individual may elect to have state and local income taxes deducted and withheld from the individual's payment of unemployment compensation for other states and localities outside the State at the percentage established by the state or locality, if the department by agreement with the other state or locality is authorized to deduct and withhold income tax; and

(6) The individual shall be permitted to change a previously elected withholding status during a benefit year.

(b) Amounts deducted and withheld from unemployment compensation shall remain in the unemployment compensation fund until transferred to the federal, state, or local taxing authority as a payment of income tax.

(c) The director shall follow all procedures specified by the United States Department of Labor, the federal Internal Revenue Service, and the state department of taxation, pertaining to the deducting and withholding of income tax.

(d) Amounts shall be deducted and withheld under this section only after any other amounts allowed under chapter 383 are deducted and withheld. [L 1996, c 157, §2; am L 2025, c 214, §7]
Haw. Rev. Stat. § 378-2 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-2
Discriminatory practices made unlawful; offenses defined.
Status: in_force

(a) It shall be an unlawful discriminatory practice:

(1) Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court record, reproductive health decision, or domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status:

(A) For any employer to refuse to hire or employ or to bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment;

(B) For any employment agency to fail or refuse to refer for employment, or to classify or otherwise to discriminate against, any individual;

(C) For any employer or employment agency to print, circulate, or cause to be printed or circulated any statement, advertisement, or publication or to use any form of application for employment or to make any inquiry in connection with prospective employment, that expresses, directly or indirectly, any limitation, specification, or discrimination;

(D) For any labor organization to exclude or expel from its membership any individual or to discriminate in any way against any of its members, employer, or employees; or

(E) For any employer or labor organization to refuse to enter into an apprenticeship agreement as defined in section 372-2; provided that no apprentice shall be younger than sixteen years of age;

(2) For any employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any individual because the individual has opposed any practice forbidden by this part or has filed a complaint, testified, or assisted in any proceeding respecting the discriminatory practices prohibited under this part;

(3) For any person, whether an employer, employee, or not, to aid, abet, incite, compel, or coerce the doing of any of the discriminatory practices forbidden by this part, or to attempt to do so;

(4) For any employer to violate the provisions of section 121-43 relating to nonforfeiture for absence by members of the national guard;

(5) For any employer to refuse to hire or employ or to bar or discharge from employment any individual because of assignment of income for the purpose of satisfying the individual's child support obligations as provided for under section 571-52;

(6) For any employer, labor organization, or employment agency to exclude or otherwise deny equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(7) For any employer or labor organization to refuse to hire or employ, bar or discharge from employment, withhold pay from, demote, or penalize a lactating employee because the employee breastfeeds or expresses milk at the workplace. For purposes of this paragraph, the term "breastfeeds" means the feeding of a child directly from the breast;

(8) For any employer to refuse to hire or employ, bar or discharge from employment, or otherwise to discriminate against any individual in compensation or in the terms, conditions, or privileges of employment of any individual because of the individual's credit history or credit report, unless the information in the individual's credit history or credit report directly relates to a bona fide occupational qualification under section 378-3(2); or

(9) For any employer to discriminate against any individual employed as a domestic, in compensation or in terms, conditions, or privileges of employment because of the individual's race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, or reproductive health decision.

(b) For purposes of subsection (a)(1):

(1) An employer may verify that an employee is a victim of domestic or sexual violence by requesting that the employee provide:

(A) Certified or exemplified restraining orders, injunctions against harassment, and documents from criminal cases;

(B) Documentation from a victim services organization or domestic or sexual violence program, agency, or facility, including a shelter or safe house for victims of domestic or sexual violence; or

(C) Documentation from a medical professional, mental health care provider, attorney, advocate, social worker, or member of the clergy from whom the employee or the employee's minor child has sought assistance in relation to the domestic or sexual violence; and

(2) An employer may verify an employee's status as a domestic or sexual violence victim not more than once every six months following the date the employer:

(A) Was provided notice by the employee of the employee's status as a domestic or sexual violence victim;

(B) Has actual knowledge of the employee's status as a domestic or sexual violence victim; or

(C) Received verification that the employee is a domestic or sexual violence victim;

provided that where the employee provides verification in the form of a protective order related to the domestic or sexual violence with an expiration date, the employer may not request any further form of verification of the employee's status as a domestic or sexual violence victim until the date of the expiration or any extensions of the protective order, whichever is later. [L 1981, c 94, pt of §2; am L 1985, c 177, §1; am L 1986, c 223, §3; am L 1991, c 2, §3; am L 1992, c 33, §5; am L 1994, c 88, §1; am L 1999, c 172, §3; am L Sp 2009, c 1, §2; am L 2011, c 34, §4 and c 206, §2; am L 2013, c 248, §2; am L 2019, c 178, §2; am L 2020, c 19, §6]
Haw. Rev. Stat. § 378-2.5 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-2.5
Employer inquiries into conviction record.
Status: in_force

(a) Subject to subsection (b), an employer may inquire about and consider an individual's criminal conviction record concerning hiring, termination, or the terms, conditions, or privileges of employment; provided that the conviction record bears a rational relationship to the duties and responsibilities of the position.

(b) Inquiry into and consideration of conviction records for prospective employees shall take place only after the prospective employee has received a conditional offer of employment which may be withdrawn if the prospective employee has a conviction record that bears a rational relationship to the duties and responsibilities of the position.

(c) For purposes of this section, "conviction" means an adjudication by a court of competent jurisdiction that the defendant committed a crime, not including final judgments required to be confidential pursuant to section 571-84; provided that the employer may consider the employee's conviction record falling within a period that shall not exceed the most recent seven years for felony convictions and the most recent five years for misdemeanor convictions, excluding periods of incarceration. If the employee or prospective employee claims that the period of incarceration was less than what is shown on the employee's or prospective employee's conviction record, an employer shall provide the employee or prospective employee with an opportunity to present documentary evidence of a date of release to establish a period of incarceration that is shorter than the sentence imposed for the employee's or prospective employee's conviction.

(d) Notwithstanding subsections (b) and (c), the requirement that inquiry into and consideration of a prospective employee's conviction record may take place only after the individual has received a conditional job offer, and the limitation to the most recent seven-year period for felony convictions and the most recent five-year period for misdemeanor convictions, excluding the period of incarceration, shall not apply to employers who are expressly permitted to inquire into an individual's criminal history for employment purposes pursuant to any federal or state law other than subsection (a), including:

(1) The State or any of its branches, political subdivisions, or agencies pursuant to sections 78-2.7 and 831-3.1; provided that any state law permitting the State and any of its branches, political subdivisions, agencies, or semi-autonomous public bodies corporate and politic to conduct more extensive inquiries into an individual's criminal history for employment purposes than those permitted under this section shall prevail;

(2) The department of education pursuant to section 302A-601.5;

(3) The department of health with respect to employees, providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health services pursuant to section 321-171.5;

(4) The judiciary pursuant to section 571-34;

(5) The counties pursuant to section 846-2.7(b)(5), (33), (34), (35), (36), and (38);

(6) Armed security services pursuant to section 261-17(b);

(7) Providers of a developmental disabilities domiciliary home pursuant to section 321-15.2;

(8) Private schools pursuant to sections 302C-1 and 378-3(8);

(9) Financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution pursuant to section 378-3(9);

(10) Detective agencies and security guard agencies pursuant to sections 463-6(b) and 463-8(b);

(11) Employers in the business of insurance pursuant to section 431:2-201.3;

(12) Employers of individuals or supervisors of individuals responsible for screening passengers or property under title 49 United States Code section 44901 or individuals with unescorted access to an aircraft of an air carrier or foreign carrier or in a secured area of an airport in the United States pursuant to title 49 United States Code section 44936(a);

(13) The department of human services pursuant to sections 346-2.5, 346-97, and 352-5.5;

(14) The public library system pursuant to section 302A-601.5;

(15) The department of law enforcement pursuant to section 353C-5;

(16) The board of directors of a cooperative housing corporation or the manager of a cooperative housing project pursuant to section 421I-12;

(17) The board of directors of an association under chapter 514B, or the managing agent or resident manager of a condominium pursuant to section 514B-133;

(18) The department of health pursuant to section 321-15.2; and

(19) The department of corrections and rehabilitation pursuant to section 353-1.5. [L 1998, c 175, §1; am L 2003, c 95, §12; am L 2004, c 79, §5 and c 164, §10; am L 2005, c 93, §7; am L 2006, c 220, §4; am L 2008, c 28, §7; am L 2012, c 299, §1; am L 2013, c 159, §15; am L 2014, c 18, §1; am L 2015, c 190, §7; am L 2017, c 181, §14; am L 2020, c 51, §2; am L 2022, c 278, §27; am L 2023, c 88, §4]
Haw. Rev. Stat. § 373-20 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-20
Penalties.
Status: in_force

Any employment agency which violates this chapter is punishable upon conviction by a fine of not more than $1,000, or imprisonment for not more than six months, or both.
Haw. Rev. Stat. § 385-11 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-11
Recovery of additional unemployment benefits; penalties.
Status: in_force

(a) Any person who makes, or causes to be made by another, a false statement or representation of material fact knowing it to be false or who knowingly fails, or causes another to fail, to disclose a material fact, and as a result thereof has received any amount as benefits under this chapter to which the person was not entitled shall be liable for such amount. Notice of redetermination in such cases shall specify that the person is liable to repay to the fund the amount of additional unemployment benefits paid to the person by reason of such nondisclosure or misrepresentation, and the week or weeks for which the benefits were paid.

(b) If, under this section a claimant is liable to repay any amount to the director of labor and industrial relations, such amount shall be collectible without interest by civil action in the name of the director.

(c) Whoever makes a false statement or representation knowing it to be false or who knowingly fails to disclose a material fact to obtain or increase any benefit or other payment under this chapter shall be fined no less than $175 nor more than $1,750, or imprisoned no more than one year, or both. [L 1961, c 157, pt of §1; Supp, §93B-121; HRS §385-11; am L 1972, c 47, §5; gen ch 1985; am L 2020, c 44, §5]
Haw. Rev. Stat. § 392-62 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-62
Management of the fund.
Status: in_force

The director of finance shall be the treasurer and custodian of the trust fund for disability benefits and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall be held in trust for the purposes of this part only and shall not be expended, released, or appropriated or otherwise disposed of for any other purpose. Moneys in the fund may be deposited in any depositary bank in which general funds of the State may be deposited but such moneys shall not be commingled with other state funds and shall be maintained in separate accounts on the books of the depositary bank. Such moneys shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of the State; and collateral pledged for this purpose shall be kept separate and distinct from any other collateral pledged to secure other funds of the State. The director of finance shall be liable for the performance of the director of finance's duties under this section as provided in chapter 37.
Haw. Rev. Stat. § 398-11 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-11
Rules.
Status: in_force

Subject to chapter 91, the director may adopt rules necessary for the enforcement and administration of this chapter. The rules shall have the force and effect of law.
Haw. Rev. Stat. § 380-7 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-7
Hearing.
Status: in_force

No court of the State shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as defined in this chapter, except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, to the effect:

(1) That unlawful acts have been threatened and will be committed unless restrained or have been committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat or unlawful act excepting against the person or persons, association, or organization making the threat or committing the unlawful act or actually authorizing or ratifying the same after actual knowledge thereof;

(2) That substantial and irreparable injury to complainant's property will follow;

(3) That as to each item of relief granted greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief;

(4) That complainant has no adequate remedy at law; and

(5) That the public officers charged with the duty to protect complainant's property are unable or unwilling to furnish adequate protection.

The hearing shall be held after due and personal notice thereof has been given, in such manner as the court shall direct, to all known persons against whom relief is sought, and also to the chief of those public officials of the county and city within which the unlawful acts have been threatened or committed charged with the duty to protect complainant's property; provided that if a complainant also alleges that, unless a temporary restraining order is issued without notice, a substantial and irreparable injury to complainant's property will be unavoidable, a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. A temporary restraining order shall be effective for no longer than five days and shall become void at the expiration of the five days. No temporary restraining order or temporary injunction shall be issued except on condition that complainant shall first file an undertaking with adequate security in an amount to be fixed by the court sufficient to recompensate those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of the order or injunction, including all reasonable costs (together with a reasonable attorney's fee) and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

The undertaking mentioned in this section shall be understood to signify an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against the complainant and surety, upon a hearing to assess damages of which hearing complainant and surety shall have reasonable notice, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. But nothing in this section shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue the party's ordinary remedy by suit at law or in equity. [L 1963, c 200, §7; Supp, §90B-7; HRS §380-7; gen ch 1985]
Haw. Rev. Stat. § 371-9 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-9
Penalties.
Status: in_force

(a) Any employer, employee, or other person who wilfully violates any lawful rule of the department for which no penalty is otherwise provided shall be fined no more than $500, or imprisoned no more than six months, or both, for each offense.

(b) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any lawful rule of the department for which no penalty is otherwise provided , shall be fined no more than $500 for each offense. [L 1939, c 237, §1(13); RL 1945, §4116; am L 1955, c 19, §1(b); RL 1955, §88-17; am L Sp 1959 2d, c 1, §27; HRS §371-9; am L 1991, c 107, §4; am L 2020, c 44, §1]
Haw. Rev. Stat. § 386-79 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-79
Medical examination by employer's physician.
Status: in_force

(a) After an injury and during the period of disability, the employee, whenever ordered by the director of labor and industrial relations, shall submit to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer. The employee shall have the right to have a physician, surgeon, or chaperone designated and paid by the employee present at the examination, which right, however, shall not be construed to deny to the employer's physician the right to visit the injured employee at all reasonable times and under all reasonable conditions during total disability. The employee shall also have the right to record such examination by a recording device designated and paid for by the employee; provided that the examining physician or surgeon approves of the recording.

If an employee refuses to submit to, or the employee or the employee's designated chaperone in any way obstructs such examination, the employee's right to claim compensation for the work injury shall be suspended until the refusal or obstruction ceases and no compensation shall be payable for the period during which the refusal or obstruction continues.

(b) In cases where the employer is dissatisfied with the progress of the case or where major and elective surgery, or either, is contemplated, the employer may appoint a physician or surgeon of the employer's choice who shall examine the injured employee and make a report to the employer. If the employer remains dissatisfied, this report may be forwarded to the director.

Employer requested examinations under this section shall not exceed more than one per case unless good and valid reasons exist with regard to the medical progress of the employee's treatment. The cost of conducting the ordered medical examination shall be limited to the complex consultation charges governed by the medical fee schedule established pursuant to section 386-21(c). [L 1963, c 116, pt of §1; Supp, §97-78; HRS §386-79; gen ch 1985; am L 1995, c 234, §13; am L 1996, c 260, §4; am L 2017, c 172, §§1, 4; am L 2019, c 201, §1]
Haw. Rev. Stat. § 373-8 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-8
Posting.
Status: in_force

Every license to conduct an employment agency together with a copy of the fee schedule shall be posted in a conspicuous place in the main room of the agency.
Haw. Rev. Stat. § 372-4 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-4
State apprenticeship council.
Status: in_force

The director shall establish within the department the state apprenticeship council which shall serve in an advisory capacity to the director on matters within the jurisdiction of the department relating to apprenticeship programs. The membership and organization of the council shall be determined by the director. The council shall be composed of persons familiar with apprenticeable occupations, and shall include an equal number of representatives of employers and employee organizations, and shall include public members who shall not number in excess of the number named to represent either employers or employee organizations. The members of the council shall be appointed and removed at the pleasure of the director. [L Sp 1941, c 23, pt of §1; RL 1945, §4141; RL 1955, §89-4; am L 1967, c 20, §1(c); HRS §372-4; gen ch 1985; am L 2012, c 14, §5]