Haw. Rev. Stat. § 382-3 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-3
Government operations.
Status: in_force

After the issuance of a proclamation pursuant to section 382-2 and during the emergency thereby proclaimed, the governor may seize and take possession of and operate the entire plant and facilities, including related facilities, of any stevedoring company whose operations are suspended or substantially reduced, or so much thereof, or such interest therein, as the governor may deem necessary in order to carry out the purposes of this chapter.

Such government operations may be conducted by the governor through such department or agency of the State as the governor may designate and the governor may delegate to such agency such of the governor's powers as are necessary to conduct the operations.

The governor shall have such power and authority as shall be reasonably necessary to conduct such government operations in a manner consistent with the public health, safety, and welfare, including, without limitation upon the generality of the foregoing, the power to make such contracts and arrangements with ship owners, charterers, agents, and operators, wharf and pier owners and operators, stevedoring companies, trucking operators, warehouse workers and other persons as may be required in order to provide stevedoring services and related services. The governor may make contracts without regard to chapter 103D and sections 103-50, 103-50.5, 103-53, and 103-55 and, specifically, the certificate of the comptroller as to the availability of an unexpended appropriation or balance of an appropriation to cover the amount required by any such contract shall not be required. [L 1951, c 209, pt of §4; RL 1955, §92-4; am L 1957, c 152, §1; HRS §382-3; gen ch 1985; am L Sp 1993, c 8, §57; gen ch 1993; am L 1999, c 149, §26]
Haw. Rev. Stat. § 371-4 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-4
Labor and industrial relations appeals board.
Status: in_force

(a) There is created a labor and industrial relations appeals board composed of three members nominated and, by and with the advice and consent of the senate, appointed by the governor for terms of ten years each, except that the terms of members first appointed shall be for six, eight, and ten years respectively as designated by the governor at the time of appointments. The governor shall designate the chairperson of the board, who shall be an attorney at law licensed to practice in all of the courts of this State. Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper handling of appeals under workers' compensation law and other labor laws, it is hereby declared to be in the public interest to continue board members in office as long as efficiency is demonstrated. The members shall devote full time to their duties as members of the board. Effective July 1, 2005, the chairperson of the board shall be paid a salary set at eighty-seven per cent of the salary of the director of labor and industrial relations, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary.

(b) The board shall have power to decide appeals from decisions and orders of the director of labor and industrial relations issued under the workers' compensation law and any other law for which an appeal to the board is provided by law.

(c) For purposes of appeals to the board conducted pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail at least fifteen days before the hearing.

(d) Unless otherwise provided by law, if service by first class mail is not made because the board or its agents have been unable to ascertain the address of the party after reasonable and diligent inquiry, the notice of hearing may be given to the party by online posting on the board's webpage or by publication at least once in each of two successive weeks in a newspaper of general circulation. The online posting or last published notice shall appear at least fifteen days prior to the date of the hearing. The online posting shall be removed from the webpage no less than five business days after the date of the hearing.

(e) A decision concurred in by any two members shall constitute a decision of the board.

(f) A vacancy in the board, if there remain two members of it, shall not impair the authority of two members to act.

(g) If any member of the board is unable to act because of absence, temporary disability, or disqualification, the governor may make a temporary appointment and the appointee shall have all the powers and duties of a regular member of the board.

(h) The chairperson of the appeal board shall be responsible for the administrative functions of the appeal board. The appeal board may:

(1) Appoint an executive officer and hearings officer, and employ other employees as it deems necessary in the performance of its functions;

(2) Set the duties and compensation of the executive officer, hearings officer, and employees; and

(3) Provide for the reimbursement of actual and necessary expenses incurred by the executive officer, hearings officer, and employees in the performance of their duties, within the amounts made available by appropriations therefor.

Members of the appeal board and employees other than clerical and stenographic employees shall be exempt from chapters 76 and 89. Clerical and stenographic employees shall be employed in accordance with chapter 76.

(i) The board shall be within the department of labor and industrial relations for budgetary and administrative purposes only.

(j) The board may adopt rules within its area of responsibilities in accordance with chapter 91.

(k) The board may make or issue any order or take other appropriate steps as may be necessary to enforce its rules and orders and to carry into full effect the powers and duties given to it by law. The board may after notice and reasonable opportunity to be heard by the board:

(1) Impose administrative sanctions; and

(2) Impose monetary sanctions of not more than $250 for each offense against any person who is found to have violated the board's rules or orders, which amounts shall be deposited into the special compensation fund created by section 386-151.

The board shall determine and direct the appropriate notice and form for such opportunity to be heard. [L 1939, c 237, pt of §1(7); RL 1945, §4109; RL 1955, §88-10; am L Sp 1959 2d, c 1, §5; HRS §371-4; am L 1969, c 244, §1a; am L 1975, c 5, §1, c 41, §1, and c 58, §18; am L 1982, c 129, §15; gen ch 1985; am L 1986, c 128, §14; am L 1989, c 329, §12; am L 1990, c 140, §7; gen ch 1993; am L 1994, c 92, §2; am L 2000, c 253, §150; am L 2002, c 148, §41; am L 2005, c 226, §12; am L 2009, c 3, §2; am L 2012, c 261, §1; am L 2013, c 14, §1; am L 2015, c 4, §1]
Haw. Rev. Stat. § 393-47 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-47
Claim of premium supplementation.
Status: in_force

An employer entitled to premium supplementation shall file a claim therefor in the manner provided by regulation of the director. The employer shall have the burden of proof of establishing the employer's entitlement.
Haw. Rev. Stat. § 392-28 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-28
Duplication of benefits not permitted.
Status: in_force

No temporary disability benefits shall be payable for any period of disability for which the employee is entitled to receive:

(1) Weekly benefits under the Employment Security Law or similar laws of this State or of any other state or of the United States, or under any temporary disability benefits law of any other state or of the United States except as provided in section 392-66.

(2) Weekly disability insurance benefits under 42 United States Code Annotated [section] 423.

(3) Weekly benefits for total disability under the Workers' Compensation Law of this State or any other state or of the United States, except benefits for permanent partial or permanent total disability previously incurred. If the claimant does not receive benefits under such workers' compensation law and the claimant's entitlement to such benefits is seriously disputed, the employee, if otherwise eligible, shall receive temporary disability benefits under this chapter, but any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated, as hereinafter provided, to the employee's right to benefits under the workers' compensation law for the period of disability for which the employee received benefits under this chapter to the extent of the benefits so received.

(4) Indemnity payments for wage loss under any applicable employers' liability law of this State, or of any other state or of the United States. If an employee has received benefits under this chapter for a period of disability for which the employee is entitled to such indemnity payments, any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated to the employee's right to such indemnity payments in the amount of the benefits paid under this chapter as hereinafter provided. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; gen ch 1985; am L 2013, c 100, §8]
Haw. Rev. Stat. § 387-6 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-6
Employer's records; posting of notices; furnishing of pay data; director's rights and duties.
Status: in_force

(a) Every employer shall keep in or about the premises wherein any employee is employed a contemporaneous, true, and accurate record of:

(1) The name, address, and occupation of each employee;

(2) The amount paid each pay period to each employee;

(3) The hours worked each day and each workweek by each employee;

(4) The rate or rates of pay of each employee and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages; and

(5) Any other information and for the periods of time as the director may by rule prescribe.

The director or the director's authorized representative shall for the purpose of examination have access to and the right to copy the records. Every employer shall furnish to the director or the director's authorized representative any information relating to the employment of workers and in any manner as the director may prescribe.

(b) Every employer shall post and keep posted such notices pertaining to the application of the law as shall be prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment.

(c) Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten record showing the following:

(1) The name of the employee;

(2) The name of the employer;

(3) The address and telephone number of the employer;

(4) The employee's total hours worked;

(5) The employee's regular and overtime hours;

(6) The employee's straight-time compensation;

(7) The employee's overtime compensation;

(8) Any other compensation, including allowances, if any, claimed as part of the minimum wage;

(9) The employee's total gross compensation;

(10) The amount and purpose of each deduction;

(11) The employee's total net compensation;

(12) The date of payment;

(13) The pay period covered; and

(14) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis, including overtime rate or rates of pay. For employees paid a piece rate, the record shall indicate the applicable piece rate or rates of pay, and the number of pieces completed at each piece rate;

provided that in lieu of the printed, typewritten, or handwritten record required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic record that may be electronically accessed by the employee.

(d) The director shall cause this chapter to be printed and copies thereof shall be furnished to interested persons upon request without charge. Copies of orders of the director and of rules and regulations of the director shall also be furnished to employers affected thereby without charge.

(e) Every employer shall permit the director or the director's authorized representative to confer with and interrogate any employee of the employer at the place of employment and during working hours with respect to any matter cognizable under this chapter. [L Sp 1941, c 66, pt of §5; RL 1945, §4356; RL 1955, §94-6; am L 1961, c 118, §1; am L 1965, c 132, §1(c); HRS §387-6; gen ch 1985; am L 2005, c 210, §1; am L 2013, c 70, §2]
Haw. Rev. Stat. § 386-26 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-26
Guidelines on frequency of treatment and reasonable utilization of health care and services.
Status: in_force

The director shall issue guidelines for the frequency of treatment and for reasonable utilization of medical care and services by health care providers that are considered necessary and appropriate under this chapter. The guidelines shall not be considered as an authoritative prescription for health care, nor shall they preclude any health care provider from drawing upon the health care provider's medical judgment and expertise in determining the most appropriate care.

The guidelines shall be adopted pursuant to chapter 91 and shall not interfere with the injured employee's rights to exercise free choice of physicians under section 386-21.

In addition, the director shall adopt updated medical fee schedules referred to in section 386-21, and where deemed appropriate, shall establish separate fee schedules for services of health care providers as defined in section 386-1 to become effective no later than June 30, 1986, in accordance with chapter 91. [L 1985, c 296, pt of §5; am L 1995, c 234, §8; am L 1996, c 260, §3; am L Sp 2005, c 11, §5]
Haw. Rev. Stat. § 383-70 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-70
Contributions; levy; returns; assessments.
Status: in_force

(a) Contributions are hereby levied against employers as provided in this chapter. Except as may be provided to the contrary in accordance with such regulations as the department of labor and industrial relations may prescribe, contributions shall be paid quarterly on or before the last day of the month succeeding the last month of each quarter.

(b) Each employer shall make at the time and in the manner prescribed by the department a full, true, and correct report with respect to the wages paid by the employer, which report shall contain other information as may be prescribed by the department. For each calendar quarter beginning July1, 1988, such report shall include wage information for each employee in accordance with such rules as the department may prescribe. The report shall be made by the employer even though the employer is not required to pay contributions.

(c) If any return filed is erroneous, or is so deficient as not to disclose the full liability, or if the employer disclaims liability for contributions with respect to any wages upon which contributions are required to be paid, the department shall assess the correct amount of contributions and shall notify the employer thereof; and if any employer fails, neglects, or refuses to make a return, the department shall proceed as it deems best to obtain information on which to base the assessment of contributions and shall assess the same and notify the employer thereof. The amount so assessed shall be paid on the twenty-first day after the notice was mailed, properly addressed to the employer at the employer's last known place of business.

(d) Notices of assessment of contributions, records of contributions assessed and payments thereon, and delinquent contributions lists showing unpaid contributions assessed against any employer shall be prima facie proof of the assessment of the person assessed, the amount of contributions due and unpaid, and the delinquency in payment, and that all requirements of law in relation to the assessment of the contributions have been complied with.

(e) If the department determines that any reason exists why the collection of any contributions accrued will be jeopardized by delaying collection, it may make an immediate assessment thereof and the director of labor and industrial relations may proceed to enforce collection immediately, but interest shall not begin to accrue upon any contributions until the date when such contributions would normally have become delinquent. [L 1939, c 219, §7(d); am L 1941, c 304, §1, pt of subs 22; RL 1945, pt of §4257; am L 1953, c 23, §1(1), (5); RL 1955, §93-69; am L 1957, c 115, §1(c); am L Sp 1959 2d, c 1, §27; am L 1967, c 19, §1; HRS §383-70; am L 1969, c 12, §1; gen ch 1985; am L 1986, c 32, §4]
Haw. Rev. Stat. § 386A-3 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-3
Fund's purpose.
Status: in_force

The fund's purpose is to sell workers' compensation insurance at the lowest actuarially responsible price as determined by the fund's board. The fund shall commence operation upon appointment and qualification of the initial five members of the fund's board, but the workers' compensation insurance sold initially by the fund shall provide insurance coverage for work injuries occurring from a date to be established by the board and not more than one year from the date of the appointment and qualification.

The fund may serve as a model for the workers' compensation insurance industry to determine minimum insurance premium rates. It shall be competitive with other private workers' compensation insurance carriers. [L 1985, c 296, pt of §11; am L 1989, c 277, §4]
Haw. Rev. Stat. § 382-10 — HI Code / Division 1 / Title 21 / Chapter 382 / Section 382-10
Powers in addition to other powers.
Status: in_force

The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law, including sections 125-1 to 125-7 and nothing herein shall be construed as limiting any other powers of the governor or the designated agency mentioned in section 382-3.
Haw. Rev. Stat. § 393-15 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-15
Continuation of coverage in case of inability to earn wages.
Status: in_force

If an employee is hospitalized or otherwise prevented by sickness from working, the employer shall enable the employee to continue the employee's coverage by contributing to the premium the amounts paid by the employer toward such premium prior to the employee's sickness for the period that such employee is hospitalized or prevented by sickness from working. This obligation shall not exceed a period of three months following the month during which the employee became hospitalized or disabled from working, or the period for which the employer has undertaken the payment of the employee's regular wages in such case, whichever is longer.
Haw. Rev. Stat. § 386-154 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-154
Charge against employers not insured under section 386-121(a)(1).
Status: in_force

(a) As used in this section:

"Anticipated total assessment" means the amount derived by dividing the total amount of the levy to be paid by insurance carriers in a calendar year as required by section 386-153 by the most recent carrier's compensation ratio.

"Average annual compensation" means the average of annual compensation payments made by an employing unit for a period consisting of two consecutive calendar years immediately preceding the year for which the charge is assessed under this section; provided that if, at the end of a calendar year, an employing unit was subject to this chapter for a period less than twelve consecutive months the total amount of compensation payments made by the employing unit during such period shall constitute the employing unit's average annual compensation.

"Carrier's compensation ratio" means the quotient derived by dividing the total average annual compensation paid during the two most recent calendar years by all insurance carriers on behalf of employers insured and keeping insured under section 386-121(a)(1) by the total average annual compensation paid during the same two calendar years by all employers subject to this chapter.

"Employing unit" means an employer who has not secured compensation to the employer's employees under section 386-121(a)(1); except that, for employers who are members of a workers' compensation group under part VI, the term means the group.

"Employing unit's compensation ratio" means the percentage ratio derived by dividing an employing unit's average annual compensation at the end of a calendar year by the total average annual compensation paid during the same two calendar years by all employers subject to this chapter.

(b) For the calendar year 1974 and for each calendar year thereafter an employing unit shall, except as otherwise provided in section 386-152, pay into the special compensation fund a charge in an amount which is equal to the product derived by multiplying the employing unit's most recent compensation ratio by the most recent anticipated total assessment.

For each calendar year the director shall determine the amount of the charge to be paid by each employing unit, and shall give notice of such charge to each employing unit by August15 of the year for which the charge is assessed. The amount of the charge shall be paid to the director on or before September30 following notification.

The director of finance may withhold the additional charge due from a political subdivision from any moneys due the subdivision from the State if the subdivision has not paid its charge as required by this section and shall deposit the withheld amount in the special compensation fund. [L 1963, c 103, pt of §1; Supp, §97-143; HRS §386-154; am L 1973, c 183, §4; am L 1982, c 51, §2 and c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 1986, c 304, §5; am L 1993, c 123, §1]

Revision Note

In subsection (a), definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 383-97 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-97
Change of rates.
Status: in_force

Whenever the department of labor and industrial relations believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the governor and the legislature, and make recommendations with respect thereto.
Haw. Rev. Stat. § 383-103 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-103
Representation in civil and criminal actions.
Status: in_force

(a) In any civil action to enforce this chapter, the department of labor and industrial relations and the State may be represented by the attorney general or by any qualified attorney who is employed by the department for that purpose in conformity with section 28-8.3.

(b) All criminal actions for violations of this chapter, or of any rule or regulation issued pursuant thereto, shall be prosecuted by the attorney general or public prosecutor or county attorney of any county in which the employer has a place of business or the violator resides. [L 1939, c 219, §16; RL 1945, §4293; am L 1953, c 105, §5; RL 1955, §93-102; am L Sp 1959 2d, c 1, §27; HRS §383-103; am L 1979, c 61, §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §37]
Haw. Rev. Stat. § 383-95 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-95
Disclosure of information.
Status: in_force

(a) Except as otherwise provided in this chapter, information obtained from any employing unit or individual pursuant to the administration of this chapter and determinations as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity. Any claimant (or the claimant's legal representative) shall be supplied with information from the records of the department to the extent necessary for the proper presentation of the claimant's claim in any proceeding under this chapter. Subject to restrictions as the director may by rule prescribe, reimbursement of costs to the department incurred in furnishing the information, and the establishment of all safeguards as are necessary to ensure that information furnished by the department is used only for authorized purposes, the information and determinations may be made available to:

(1) Any federal or state agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices;

(2) The Internal Revenue Service of the United States Department of the Treasury;

(3) Any federal, state, or municipal agency charged with the administration of a fair employment practice or anti-discrimination law;

(4) Any other federal, state, or municipal agency if the director deems that the disclosure to the agency serves the public interest; and

(5) Any federal, state, or municipal agency if the disclosure is authorized under section 303 of the Social Security Act and section 3304 of the Internal Revenue Code of 1986, as amended.

(b) Information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service.

(c) Upon requests therefor the department shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.

(d) The department may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to this chapter, and may in connection with the request transmit any of the report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the federal Internal Revenue Code. [L 1939, c 219, §10(g); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4274; RL 1955, §93-94; am L Sp 1959 2d, c 1, §27; HRS §383-95; am L 1969, c 16, §1; gen ch 1985; am L 1997, c 172, §3; am L 2015, c 35, §14]
Haw. Rev. Stat. § 394B-5 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-5
Relocation assistance.
Status: in_force

The director may provide relocation assistance if:

(1) The dislocated worker cannot obtain employment within commuting distance; and

(2) The individual has secured suitable long duration employment or obtained a bona fide job offer in a relocation area within the State. [L 1983, c 195, pt of §1]
Haw. Rev. Stat. § 386-34 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-34
Payment after death.
Status: in_force

Where an employee is entitled to weekly income and indemnity benefits for permanent total or permanent partial disability and dies from any cause other than the compensable work injury, payment of any unpaid balance of the benefits to the extent that the employer is liable therefor, but not to exceed the amount prescribed under section 386-32(a) for other cases, shall be made to the employee's dependents as provided herein. If, at the time of the death, the employee is entitled to any benefits from the special compensation fund, the benefits shall also be paid to the employee's dependents as provided herein:

(1) To a dependent widow, widower, or reciprocal beneficiary, for the use of the widow, widower, or reciprocal beneficiary, and the dependent children, if any. The director of labor and industrial relations may from time to time apportion such compensation among the widow, widower, or reciprocal beneficiary, and any dependent children.

(2) If there be no dependent widow, widower, or reciprocal beneficiary, but one or more dependent children, then to such child or children to be divided equally among them if more than one.

(3) If there be no dependent widow, widower, reciprocal beneficiary, or child, but there be a dependent parent, then to such parent, or if both parents be dependent, to both of them, to be divided equally between them; or if there be no such parents, but a dependent grandparent, then to such grandparent, or if more than one, then to all of them to be divided equally among them.

(4) If there be no dependent widow, widower, reciprocal beneficiary, child, parent, or grandparent, but there be a dependent grandchild, brother, or sister, then to such dependent, or if more than one, then to all of them to be divided equally among them.

(5) If there be no such dependents, the unpaid balance of the compensation shall be paid in a lump sum into the special compensation fund. [L 1963, c 116, pt of §1; Supp, §97-33; HRS §386-34; am L 1969, c 85, §1; am L 1972, c 42, §3; am L 1973, c 47, §2; gen ch 1985; am L 1997, c 383, §52]
Haw. Rev. Stat. § 373-14.7 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-14.7
REPEALED.
Status: in_force

L 1992, c 202, §180.
Haw. Rev. Stat. § 386-23.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-23.5
Services of attendant, allowance adjustments.
Status: in_force

(a) When the maximum allowed for procurement of services of an attendant as provided in section 386-23 is changed by law, any employee who has been totally and continuously disabled and has been awarded and is receiving a sum under this chapter to procure such services in an amount which is less than the new maximum allowed for this purpose shall be entitled, upon application, to a supplemental allowance calculated in accordance with the following provisions:

(1) In any case where a totally disabled employee is receiving the maximum allowed at the time the award was made, the supplemental allowance shall be an amount which, when added to such award, will equal the new maximum allowance.

(2) In any case where a totally disabled employee is receiving less than the maximum allowed at the time the award was made, the supplemental allowance shall be an amount equal to the difference between the amount the disabled employee is receiving and a percentage of the new maximum allowance by multiplying it by a fraction, the numerator of which is the amount the employee is receiving and the denominator of which is the maximum monthly allowance applicable at the time such award was made.

(b) As of July1, 1973, any employee who has been totally and continuously disabled and has been awarded and is receiving a sum under this chapter to procure services of an attendant in an amount which is less than the maximum allowed for this purpose, shall be entitled, upon application, to an additional amount calculated in accordance with the following provisions:

(1) In any case where a totally disabled person is receiving the maximum allowed under this chapter at the time the award was made, the supplemental allowance shall be an amount which, when added to such award, will equal the maximum allowance effective as of the date of this section.

(2) In any case where a totally disabled person is receiving less than the maximum allowed under this chapter at the time the award was made, the supplemental allowance shall be an amount equal to the difference between the amount the disabled employee is receiving and a percentage of the maximum allowance as of July1, 1973, by multiplying it by a fraction, the numerator of which is the amount the employee is receiving and the denominator of which is the maximum monthly allowance applicable at the time such award was made.

(c) Any supplemental allowances awarded by the director pursuant to this section shall be paid to the employee from the special compensation fund. [L 1973, c 101, §1; gen ch 1985]

Revision Note

"July1, 1973" substituted for "the effective date of this section".
Haw. Rev. Stat. § 379A-2 — HI Code / Division 1 / Title 21 / Chapter 379A / Section 379A-2
Penalty.
Status: in_force

Any person violating section 379A-1 shall be fined not more than $200 or imprisoned not more than six months, or both. [L Sp 1949, c 8, §3; RL 1955, §300-3; HRS §757-2; ren L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 383-100 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-100
Protection against self-incrimination.
Status: in_force

No person shall be excused from attending or testifying or producing material, books, papers, correspondence, memoranda, and other records before the director of labor and industrial relations, any duly authorized representative of the director, the referee, or any substitute referee, or in obedience to the subpoena of any of them, in any cause or proceeding before them or any of them, on the grounds that the testimony and evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after having claimed the individual's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Haw. Rev. Stat. § 373C-43 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-43
Occupational employment statistics program.
Status: in_force

The department of labor and industrial relations shall conduct an occupational employment statistics program to develop occupational demand projections in fulfilling the responsibilities of section 373C-23.
Haw. Rev. Stat. § 377-6 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-6
Unfair labor practices of employers.
Status: in_force

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

(1) Interfere with, restrain, or coerce the employer's employees in the exercise of the rights guaranteed in section 377-4;

(2) Initiate, create, dominate, or interfere with the formation or administration of any labor organization or contribute financial support to it; provided that an employer shall not be prohibited from reimbursing employees at their prevailing wage rate for time spent conferring with the employer, nor from cooperating with representatives of at least a majority of the employer's employees in a collective bargaining unit, at their request, by permitting employee organizational activities on employer premises or the use of employer facilities where the activities or use create no additional expense to the employer;

(3) Encourage or discourage membership in any labor organization by discrimination in regard to hiring, tenure, or other terms or conditions of employment; provided that an employer may enter into an all-union agreement with the bargaining representative of the employer's employees in a collective bargaining unit, unless the board has certified that at least a majority of the employees have voted to rescind the authority of their bargaining representative to negotiate the all-union agreement within one year preceding the date of the agreement. No employer shall justify any discrimination against any employee for nonmembership in a labor organization if the employer has reasonable grounds for believing that:

(A) Membership was not available to the employee on the same terms and conditions generally applicable to other members; or

(B) Membership was denied or terminated for reasons other than the failure of the employee to tender periodic dues and the initiation fees uniformly required as a condition for acquiring or retaining membership;

(4) Refuse to bargain collectively with the representative of a majority of the employer's employees in any collective bargaining unit; provided that if the employer has good faith doubt that a union represents a majority of the employees, the employer may file a representation petition for an election and shall not be deemed guilty of refusal to bargain;

(5) Bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in paragraph (3);

(6) Violate the terms of a collective bargaining agreement;

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

(8) Discharge or otherwise discriminate against an employee because the employee has filed charges or given information or testimony under the provisions of this chapter;

(9) Deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally;

(10) Employ any person to spy upon employees or their representatives respecting their exercise of any right created or approved by this chapter;

(11) Make, circulate, or cause to be circulated a blacklist;

(12) Offer or grant permanent employment to an individual for performing work as a replacement for a bargaining unit member during a labor dispute;

(13) Based on employment or willingness to be employed during a labor dispute, give employment preference to one person over another who:

(A) Was an employee at the commencement of the dispute;

(B) Exercised the right to join, assist, or engage in lawful collective bargaining or mutual aid or protection through the labor organization engaged in the dispute; and

(C) Continues to work for or has unconditionally offered to return to work for the employer; or

(14) Discharge, discipline, or otherwise penalize or threaten any adverse employment action against an employee because the employee declines to:

(A) Attend or participate in an employer-sponsored meeting, or any portion of a meeting, that communicates the opinion of the employer about political matters; or

(B) Receive or listen to a communication from the employer that communicates the opinion of the employer about political matters;

provided that this paragraph shall not limit the rights of an employer to conduct meetings or to engage in communications involving political matters as long as attendance by the employees is wholly voluntary.

For purposes of this paragraph:

"Employee" has the same meaning as defined in section 377-1; provided that "employee" includes any individual employed in the domestic service of a family or person at the family's or person's home; any individual employed by the individual's parent or spouse; any individual employed in an executive or supervisory capacity; any individual employed by any employer employing less than two individuals; or any individual subject to the jurisdiction of the federal Railway Labor Act or the National Labor Relations Act, as amended from time to time.

"Political matters" means anything related to an attempt to influence a future vote by persons in an audience. [L 1945, c 250, pt of §8; RL 1955, §90-7; am L 1959, c 210, §1; am L 1965, c 79, §1; HRS §377-6; am L 1985, c 251, §16; gen ch 1985; am L 1992, c 214, §2; am L 2024, c 174, §1]
Haw. Rev. Stat. § 371-2 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-2
Definition: references to "this chapter".
Status: in_force

Whenever in this chapter reference is made to "this chapter", the term, unless the context clearly indicates otherwise, includes also any other chapter or section of the Revised Statutes amended by Act 237 of the Session Laws of Hawaii 1939, and any other provisions of the Act.
Haw. Rev. Stat. § 387-8 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-8
Disclosure of information.
Status: in_force

Except as otherwise provided herein, information secured from inspection of the records, or from the transcriptions or from the taking of transcriptions thereof, or from inspection of the employer's premises by the director of labor and industrial relations or the director's authorized representative, shall be held confidential and shall not be disclosed or be open to any person. The information may be made available:

(1) To officials concerned with, and for the purposes of, the administration of the laws relating to matters under the jurisdiction of the director;

(2) To any agency of this or any other state, or any federal agency for the purposes of enforcing this chapter;

(3) To any employee to the extent necessary for the proper presentation of the employee's claim under section 387-12;

(4) To the Wage and Hour and Public Contracts Divisions of the United States Department of Labor. [L Sp 1941, c 66, pt of §5; am L 1943, c 159, §3; RL 1945, §4358; RL 1955, §94-8; am L 1965, c 132, §1(d); HRS §387-8; gen ch 1985]
Haw. Rev. Stat. § 386-6 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-6
Territorial applicability.
Status: in_force

(a) This chapter shall be applicable to all work injuries sustained by employees within the territorial boundaries of the State.

(b) If an employee who has been hired in the State suffers work injury, the employee shall be entitled to compensation under this chapter even though the injury was sustained without the State. The right to compensation shall exclude all other liability of the employer for damages as provided in section 386-5. All contracts of hire of employees made within the State shall be deemed to include an agreement to that effect.

(c) If an employee who has been hired without the State is injured while engaged in the business of the employee's employer, and is entitled to compensation for the injury under the law of the state or territory where the employee was hired, the employee shall be entitled to enforce against the employee's employer the employee's rights in this State if the employee's rights are such that they can reasonably be determined and dealt with by the director of labor and industrial relations, the appellate board, and the court in this State. [L 1963, c 116, pt of §1; Supp, §97-6; HRS §386-6; am L 2016, c 55, §10]
Haw. Rev. Stat. § 383-173 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-173
Beginning and termination of extended benefit period.
Status: in_force

Whenever an extended benefit period is to become effective in this State as a result of a state "on" indicator, or an extended benefit period is to be terminated in this State as a result of a state "off" indicator, the director shall make an appropriate public announcement.
Haw. Rev. Stat. § 378-64 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-64
Remedies ordered by court.
Status: in_force

A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate.
Haw. Rev. Stat. § 386-204 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-204
Rates and reporting of rates.
Status: in_force

(a) Every workers' compensation self-insurance group shall adhere to the uniform classification system, uniform experience rating plan, and manual rules filed with the insurance commissioner by an advisory organization designated by the insurance commissioner.

(b) Premium contributions to the group shall be determined by applying the manual rates and rules to the appropriate classification of each member which shall be adjusted by each member's experience credit or debit. Subject to approval by the insurance commissioner, premium contributions may also be reduced by an advance premium discount reflecting the group's expense levels and loss experience.

(c) Notwithstanding subsection (b), a group may apply to the insurance commissioner for permission to make its own rates. The rates shall be based on at least five years of the group's experience.

(d) Each group shall be audited at least annually by an auditor acceptable to the insurance commissioner to verify proper classifications, experience rating, payroll, and rates. A report of the audit shall be filed with the insurance commissioner in a form acceptable to the insurance commissioner. A group or any member thereof may request a hearing on any objections to the classifications. If the insurance commissioner determines that, as a result of an improper classification, a member's premium contribution is insufficient, the insurance commissioner shall order the group to assess that member an amount equal to the deficiency. If the insurance commissioner determines that, as a result of an improper classification, a member's premium is excessive, the insurance commissioner shall order the group to refund to the member the excess collected. The audit shall be at the expense of the group. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 373-9 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-9
Records and reports.
Status: in_force

Every employment agency shall keep records and make such reports with respect to the operation of the business as the director by rule may prescribe. Such records as required by rule shall be preserved by the agency and kept in the office of the employment agency for a period of at least two years.
Haw. Rev. Stat. § 383-162 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-162
Limitation of fees.
Status: in_force

No individual shall be charged fees of any kind in any proceeding under this chapter by the department of labor and industrial relations or its representatives, or the referee, or by any court or any officer thereof, and no costs shall be awarded by the referee on an appeal. Any individual claiming benefits in any proceeding before the department or the referee may be represented by counsel or other duly authorized agent, but no such counsel or agent shall either charge or receive for such services more than an amount approved by the department or referee, and such amount shall in no case exceed ten per cent of the sum of the average benefit duration for the prior calendar year as computed by the department of labor and industrial relations multiplied by the claimant's weekly benefit amount, payable as a result of such proceeding. For the purposes of this section, the term "average benefit duration" shall mean the average actual duration of benefits computed by dividing the total number of weeks compensated during a year by the corresponding number of first payments made during the year.

Any person who violates this section shall, for each such offense, be fined not less than $50 nor more than $500 or imprisoned not more than six months, or both. [L 1939, c 219, §13(b); am L 1941, c 304, §1, pt of subs 35; RL 1945, §4286; RL 1955, §93-151; am L Sp 1959 2d, c 1, §27; HRS §383-162; am L 1980, c 13, §1]
Haw. Rev. Stat. § 383-163.7 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-163.7
Deduction and withholding of uncollected food stamp overissuances.
Status: in_force

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether the individual owes an uncollected overissuance (as defined in section 13(c)(1) of the Food Stamp Act of 1977) of food stamp coupons. The department shall notify the state food stamp agency enforcing the obligation of any individual who discloses that the individual owes an uncollected overissuance and who is determined to be eligible for unemployment compensation.

(b) The department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance:

(1) The amount specified by the individual to the department to be deducted and withheld under this subsection;

(2) The amount determined pursuant to an agreement between the individual and the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or

(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1977.

(c) Any amount deducted and withheld under this section shall be paid by the department to the appropriate state food stamp agency.

(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the state food stamp agency as repayment of the individual's uncollected overissuance.

(e) For purposes of this section, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(f) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for all administrative costs incurred by the department under this section that are attributable to the repayment of uncollected overissuances to the state food stamp agency. [L 1997, c 172, §1]
Haw. Rev. Stat. § 394-11 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-11
[ §394-11] State internship and workforce development program.
Status: in_force

[ §394-11] State internship and workforce development program. (a) There is established within the department of labor and industrial relations the state internship and workforce development program. The department of labor and industrial relations shall collaborate with the department of human resources development to process all public program applications and place interns in temporary or permanent positions at state executive branch departments, agencies, or programs. The program shall:

(1) Provide paid internship opportunities within various state departments and agencies;

(2) Prioritize placement in departments with significant workforce shortages; and

(3) Include comprehensive training, mentorship, and evaluation components.

(b) Selection of internship participants shall be based upon:

(1) Academic achievement or relevant work experience;

(2) Interest in public service careers; and

(3) Alignment with departmental workforce needs.

(c) As part of the program, internship participants shall:

(1) Attend and actively participate in all required work experience training sessions;

(2) Perform assigned duties and responsibilities in accordance with program guidelines; and

(3) Adhere to workplace policies and procedures.

(d) As part of the program, coordinating agency work sites shall:

(1) Provide meaningful and adequate work experience to help interns meet the requirements for employment in the relevant position;

(2) Conduct regular performance evaluations of interns and provide feedback to the coordinating agency;

(3) Collaborate with the department of labor and industrial relations to create career pathways for interns; and

(4) Ensure that viable and vacant positions relative to the interns' field of study are available for them to participate in this program.

(e) The department of labor and industrial relations shall:

(1) Ensure that the experience gained through the program qualifies participants to apply for vacant positions of a similar level and scope within the hosting department;

(2) Develop standardized guidelines to align internship duties with the qualifications required for full-time employment;

(3) Provide ongoing support to coordinating agencies to ensure compliance with program objectives; and

(4) Collaborate with coordinating agencies to create career pathways for interns.

(f) As part of the program, participants shall receive opportunities for professional development and skills training.

(g) Before the first day of each internship, the department of labor and industrial relations shall provide the department of human resources development with:

(1) The name of the intern;

(2) The state executive branch department, agency, or program to which the intern is assigned;

(3) The expected start and end dates of the internship; and

(4) Any other relevant information that the department of human resources development may require to assist the intern in pursuing future employment with the state executive branch.

(h) For the purposes of this section:

"Coordinating agency" means the participating State of Hawaii department, agency, or office hosting and employing an intern program participant.

"Eligible participant" means an individual who meets established guidelines for participation in the program, including recent high school graduates, college students, and post-graduate students, and individuals seeking to transition into public service careers.

"Internship program" or "program" means the state internship and workforce development program established pursuant to this section.

"Participant" means an individual accepted into the internship program. [L 2025, c 251, pt of §2]
Haw. Rev. Stat. § 386-123 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-123
Failure to give security for compensation; penalty; injunction.
Status: in_force

If an employer fails to comply with section 386-121, the employer shall be liable for a penalty of not less than $500 or of $100 for each employee 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 special compensation fund created by section 386-151. The director may, however, in the director's discretion, for good cause shown, remit all or any part of the penalty in excess of $500; provided that the employer in default complies with section 386-121. With respect to such actions, the attorney general or any county attorney or public prosecutor shall prosecute the same if so requested by the director.

In addition, if any employer is in default under section 386-121 for a period of fourteen days, the employer may be enjoined, by the circuit court of the circuit in which the employer's principal place of business is located in the State or where the violation occurred, from carrying on the employer's business anywhere 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 1963, c 116, pt of §1; Supp, §97-122; HRS §386-123; gen ch 1985; am L 1988, c 37, §5; am L 2016, c 187, §4; am L 2017, c 135, §1]
Haw. Rev. Stat. § 383-29.7 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-29.7
Partial unemployment; claim filing requirements, determinations.
Status: in_force

(a) Claims for partial unemployment shall be filed according to section 383-32.

(b) Continued claim certifications for partial unemployment benefits shall be filed in the same manner and extent that apply to total or part-total unemployment benefits. [L 2009, c 170, pt of §2, §7; am L 2010, c 76, §3; am L 2011, c 165, §§3, 5; am L 2021, c 1, §2]
Haw. Rev. Stat. § 390-5 — HI Code / Division 1 / Title 21 / Chapter 390 / Section 390-5
Exceptions.
Status: in_force

This chapter shall not apply to any minor employed:

(1) By the minor's parent or legal guardian;

(2) In performance of work in connection with the sale or distribution of newspapers;

(3) In domestic service in or about the private home of the employer;

(4) As a golf caddy; or

(5) By any religious, charitable, or nonprofit organization in exempt employment as prescribed by the director by rule;

provided that such employment is during periods when the minor is not legally required to attend school or when the minor has been excused by school authorities from attending school; in an occupation which has not been declared by rule of the director to be hazardous; and not in connection with adult entertainment. [L 1969, c 162, pt of §2; gen ch 1985; am L 2003, c 61, §4]
Haw. Rev. Stat. § 377-4.6 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-4.6
Streamlining union certification.
Status: in_force

(a) When an employee, group of employees, or any individual or labor organization acting on their behalf, files a petition alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for those purposes, the board shall investigate the petition. If the board finds that a majority of the employees in a unit appropriate for bargaining have signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative, and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board shall certify the individual or labor organization as the representative without directing an election similar to that under section [377-1].

(b) The board shall adopt rules governing the certification of an exclusive representative under this section and shall have the final determination on any controversy concerning the eligibility of an employee to sign an authorization card and the validity of an employee's signature on an authorization card.

(c) For the purposes of this section, the term "employee" means an employee as defined in section 377-1; provided that the employee is employed by an employer with an annual gross revenue of more than $5,000,000. [L Sp 2009, c 6, pt of §1]
Haw. Rev. Stat. § 379-1 — HI Code / Division 1 / Title 21 / Chapter 379 / Section 379-1
Definitions.
Status: in_force

The term "labor disputes" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
Haw. Rev. Stat. § 392-48 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-48
The insurance contract.
Status: in_force

Every policy of insurance issued by an insurer of an employer pursuant to this chapter which covers the liability of the employer for temporary disability benefits shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurer a party to the original claim, the liability of the insurer in whole or in part for the payment of the disability benefits. Payment in whole or in part of disability benefits by either the employer or the insurer shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.

All insurance policies shall be approved by the insurance commissioner of the State. [L 1969, c 148, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 388-5.7 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-5.7
[ §388-5.
Status: in_force

[ §388-5.7] Payment of wages by pay cards. (a) Notwithstanding section 388-2, an employer shall not pay wages due to the employer's employees by use of a pay card unless the following requirements are satisfied:

(1) The employee shall be given the option of receiving the employee's wages by direct deposit to a depository account of the employee's choosing, receiving payment by paper check, or receiving payment by pay card before the employee selects direct deposit, pay card, or paper check;

(2) The employer shall not mandate an employee's use of a pay card;

(3) The employer shall not make participation in the pay card program a condition of hire or continued employment;

(4) The employee shall voluntarily authorize the payment of wages using a pay card in writing or via electronic signature, without intimidation, coercion, or fear of discharge or reprisal for refusal to accept the pay card or pay card account;

(5) Prior to obtaining the employee's consent, the employer shall provide the employee in writing, in plain language in at least ten-point font:

(A) A description of the employee's options for receiving wages;

(B) The pay card fee schedule in a form that the employee may retain for the employee's records stating the dollar amount of all fees;

(C) A notice that states whether third parties may assess additional fees relating to the use of the pay card; and

(D) A list of the services available to the employee pursuant to paragraph (8);

(6) The employer shall be responsible for fees that have been assessed against the employee outside the pay card fee schedule;

(7) The employer shall agree to honor a written request by the employee to change the method of receiving wages from a pay card to another method offered by the employer within two pay periods from the time of the request;

(8) The pay card shall provide for all of the following, at no cost to the employee:

(A) A pay card on which the employee may receive wages, with no charges for the application, initiation, transfer, loading of wages by the employer, privilege of participation, or distribution or delivery of the initial pay card;

(B) The ability during each pay period for the employee to make at least three free withdrawals from the pay card, at least one of which permits withdrawal of the full amount of the employee's net wages on the card at a federally insured depository institution or at that institution's affiliated automated teller machines;

(C) The means to access the balance or other account information online and via telephone offered in conjunction with the pay card in a manner that allows access to account information twenty-four hours a day, seven days a week without charging a fee;

(D) A readily accessible electronic history of the employee's account transactions covering at least sixty days preceding the date the employee electronically accesses the account;

(E) Upon oral or written request or via electronic signature by the employee, a written history of the account transactions covering at least sixty days prior to the employee's request;

(F) No pay card shall assess an overdraft fee or charge pursuant to the pay card issuer's overdraft service against an employee or the employee's account; and

(G) The ability to close a pay card account and obtain payment of the balance remaining on the card;

(9) The pay card shall not impose fees based on an employee's account balance;

(10) The employer shall ensure that the pay card account provides one free replacement pay card per year at no cost to the employee at least fifteen days before the pay card's expiration date; provided that the replacement pay card need not be issued if the pay card has been inactive for a period of not less than twelve months or the employee is no longer employed by the employer;

(11) Pooled pay card accounts shall be permitted; provided that each subaccount shall be for the sole and exclusive benefit of the named employee, and not subject to the claims of the employer's creditors; provided further that each employee's pay card account shall be eligible for deposit insurance on a pass through basis, including:

(A) The account records of the federally insured depository institution shall disclose the existence of the agency or custodial relationship;

(B) The records of the federally insured depository institution, custodian, or other party shall disclose the identities of the employee cardholders who actually own the deposits and the amounts owned by each employee cardholder; and

(C) The funds in the account shall be owned by the individual employee cardholders under an agreement among the parties or pursuant to applicable law and shall not be used by the employer's creditor; and

(12) The funds in the pay card account shall not expire. The pay card account may be closed after six continuous months of inactivity, with reasonable notice to the employee; provided that the remaining funds in the pay card account shall be refunded to the employee at no cost to the employee.

(b) An employer shall deposit all wages owed to an employee, who has elected in writing or via electronic signature to receive the employee's wages through a pay card, into the employee's pay card account on or before the employee's designated payday. The employee shall be deemed to have been paid wages owed at the time the wages are deposited into the employee's pay card account and the employee has access to those wages. If there is any delay of an employee's access to wages due to an error by the issuer, the employer shall not be held liable for this delay; provided that the employer deposited the proper amount of wages into the account on or before the designated payday and the employer is in compliance with subsection (a).

(c) An employer shall be liable for any wages due and not timely paid onto a pay card pursuant to subsection (b).

(d) The employer shall provide twenty-one days prior written notice to any change to the pay card program taking effect. The written notice shall state in plain language in at least ten-point font any change to any of the terms and conditions of the pay card account, including any changes in the itemized list of fees.

(e) The employer shall comply with all applicable recordkeeping requirements under this chapter and section 387-6.

(f) The employer's obligation under this section shall cease sixty days after the employer-employee relationship ends and the employee has been paid the employee's final wages. [L 2014, c 208, §2]
Haw. Rev. Stat. § 380-13 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-13
When chapter applicable; definitions.
Status: in_force

When used in this chapter, and for the purposes of this chapter:

(1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in the same industry, trade, craft, or occupation; or have direct or indirect interests therein; or who are employees of the same employer; or who are members of the same or an affiliated organization of employers or employees; whether the dispute is (A) between one or more employers or associations of employers and one or more employees or associations of employees; (B) between one or more employers or associations of employers and one or more employers or associations of employers; or (C) between one or more employees or associations of employees and one or more employees or associations of employees; or when the case involves any conflicting or competing interests in a "labor dispute" (as defined in this section) of "persons participating or interested" therein (as defined in this section).

(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or it, and if the person or it is engaged in the same industry, trade, craft, or occupation in which the dispute occurs, or has a direct or indirect interest therein, or is a member, officer, or agent of any association composed in whole or in part of employers or employees engaged in such industry, trade, craft, or occupation.

(3) The term "labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether or not the disputants stand in the proximate relation of employer and employee. [L 1963, c 200, §13; Supp, §90B-13; HRS §380-13; gen ch 1985]
Haw. Rev. Stat. § 373-13 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-13
Director's rights.
Status: in_force

The director and the director's authorized representatives may enter any office, building, premises, or other place in which an employment agency is operated for the purpose of making investigations for the proper enforcement of this chapter and such rules and regulations as the director may prescribe. No person shall refuse the director or the director's authorized representative admittance to any such office, building, premises, or other place. The director and the director's authorized representatives shall for the purpose of examination have access to and the right to copy any book, account, receipt, contract, or other paper or document relating to the business of conducting an employment agency. Every person shall furnish to the director or the director's authorized representative such information relating to the business of conducting an employment agency. The rights as specified above shall be limited to regular business hours and at such other times as the director feels will be necessary to effectuate the purpose of this chapter.
Haw. Rev. Stat. § 373L-1.5 — HI Code / Division 1 / Title 21 / Chapter 373L / Section 373L-1.5
[ §373L-1.
Status: in_force

[ §373L-1.5 Names; registration of person required.] No person within the purview of this chapter shall use the terms "professional employer organization", or "PEO", or other similar name unless the person is registered and in compliance with this chapter and the rules adopted pursuant to this chapter.
Haw. Rev. Stat. § 393-2 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-2
Findings and purpose.
Status: in_force

The cost of medical care in case of sudden need may consume all or an excessive part of a person's resources. Prepaid health care plans offer a certain measure of protection against such emergencies. It is the purpose of this chapter in view of the spiraling cost of comprehensive medical care to provide this type of protection for the employees in this State. Although a large segment of the labor force in the State already enjoys coverage of this type either by virtue of collective bargaining agreements, employer-sponsored plans, or individual initiative, there is a need to extend that protection to workers who at present do not possess any or possess only inadequate prepayment coverage.

This chapter shall not be construed to diminish any protection already provided pursuant to collective bargaining agreements or employer-sponsored plans that is more favorable to the employees benefited thereby than the protection provided by this chapter or at least equivalent thereto, provided that presently existing collective bargaining agreements shall not be affected by the provisions of this section. [L 1974, c 210, pt of §1; am L 1978, c 199, §1]
Haw. Rev. Stat. § 381-4 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-4
Appointment of emergency board.
Status: in_force

Following receipt of a notice of impasse from either party as specified in section 381-3, the director of labor and industrial relations shall forthwith request each of the parties to designate in writing within five days a person to serve as a member of an emergency board. The designation shall be filed in writing with the director. The person designated by the public utility employer shall not be an officer or director of the company or other person normally acting in an official capacity with the utility, and the person named by the employees shall not be an employee of the utility or a representative of its employees. The two persons so appointed shall within three days select an impartial person to serve with them on the emergency board. The third person so selected shall act as chairperson. If either the public utility employer or the employees fail to designate a member of the board, or if the two designated members fail to agree upon a third, the governor shall, within twelve days after the director has requested the parties to appoint members to the board, appoint such member or members.

Members of the board shall receive compensation at the rate of $15 for each day actually spent by them in the work of the board, together with necessary travel and subsistence expense. Payment shall be made by the director out of funds made available to the department of labor and industrial relations, and upon request of the board the department shall furnish necessary stenographic services. [L 1949, c 146, pt of §1; RL 1955, §91-5; HRS §381-4; gen ch 1993]
Haw. Rev. Stat. § 373C-42 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-42
Organization.
Status: in_force

The development of occupational employment planning information shall be carried out through the responsibilities defined in section 373C-23.
Haw. Rev. Stat. § 393-45 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-45
Entitlement to premium supplementation.
Status: in_force

(a) An employer who employs less than eight employees entitled to coverage under this chapter and who provides coverage to such employees pursuant to section 393-7(a) shall be entitled to premium supplementation from the fund if the employer's share of the cost of providing such coverage as determined by sections 393-13 and 393-15 exceeds 1.5 per cent of the total wages payable to such employees and if the amount of such excess is greater than five per cent of the employer's income before taxes directly attributable to the business in which such employees are employed.

(b) The amount of the supplementation shall be that part of the employer's share of the premium cost which exceeds the limits specified in subsection (a). [L 1974, c 210, pt of §1]
Haw. Rev. Stat. § 383-127 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-127
Special unemployment insurance administration fund.
Status: in_force

(a) There is created in the state treasury a special fund to be known as the special unemployment insurance administration fund. All interest, fines, and penalties collected under this chapter on and after October1, 1987, shall be paid into this fund and shall not be commingled with other state funds but maintained in a separate account on the books of the depository. Interest earned upon moneys in the administration fund shall be deposited and credited to the administration fund.

All moneys payable to the administration fund shall be transferred immediately into the administration fund from the clearing account of the unemployment compensation fund. The director of finance shall be the treasurer and custodian of the administration fund and shall administer the fund in accordance with directions by the director of labor and industrial relations. The director of finance shall be liable on the director's official bond for the faithful performance of all duties in connection with the administration fund. All sums recovered on such surety bond for losses sustained by the administration fund shall be deposited into the fund.

(b) Notwithstanding any other provisions of this section to the contrary, the moneys in the administration fund shall be used for the payment of the following expenses and obligations relating to the administration of the unemployment insurance program:

(1) Refunds or adjustments of interest on delinquent contributions and penalties or fines erroneously collected under this chapter;

(2) Expenses for which allocation of federal funds have been duly requested but not yet received, subject to the reimbursement of the expenditures against the funds received;

(3) Expenditures deemed necessary by the director in the administration of this chapter for which no allocations of federal administration funds have been made; and

(4) Interest due under the provisions of section 1202(b) of the Social Security Act, as amended, for advances made to the unemployment compensation fund.

(c) No moneys in the administration fund shall be expended for any purpose for which federal funds would otherwise be available.

(d) All expenditures from the administration fund, except for refunds of penalties and interest erroneously collected, shall be approved by the director.

(e) All moneys deposited or paid into the administration fund shall be continuously available to the director for expenditures consistent with this section and shall not lapse at any time. The director may transfer moneys deposited in the administration fund to the unemployment compensation fund as the director deems necessary.

(f) Twenty days before the convening of the legislature in regular session each year, the director shall submit a report to the legislature on the financial status of the special unemployment insurance administration fund. [L 1987, c 119, §1; am L 1988, c 77, §1]

Revision Note

Section renumbered by revisor pursuant to §23G-15.
Haw. Rev. Stat. § 380-5 — HI Code / Division 1 / Title 21 / Chapter 380 / Section 380-5
Concert of acts; effect on jurisdiction.
Status: in_force

No court of the State shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in section 380-4.
Haw. Rev. Stat. § 371-19.2 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-19.2
Hawaii healthcare workforce advisory board; established.
Status: in_force

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

(1) The director, who shall serve as the chair;

(2) The director of health;

(3) The director of the Hawaii/Pacific basin area health education center;

(4) The director of the University of Hawaii at Manoa office of public health studies;

(5) One chancellor of a community college within the University of Hawaii system, to be selected by the other members of the Hawaii healthcare workforce advisory board;

(6) One member representing a nurse training program; and

(7) Three representatives from Hawaii's health care community that represent a variety of health care disciplines. The representatives shall be selected by the other members of the Hawaii healthcare workforce advisory board and shall serve two-year terms.

(b) Section 26-34 shall not apply to the Hawaii healthcare workforce advisory board.

(c) The Hawaii healthcare workforce advisory board shall:

(1) Advise the department on strategies for developing the health care industry workforce, including recommending projects and programs to promote the expansion and development of the health care industry;

(2) Develop a mission, objectives, and goals with particular attention to efforts in pre-service programs and opportunities; and

(3) Advise the department in developing partnerships with health care providers, organizations, and stakeholders to further the Hawaii healthcare workforce advisory board's mission and objectives.

(d) Members of the Hawaii healthcare workforce advisory board shall serve without compensation; provided that the representatives from the health care community shall be reimbursed for necessary expenses incurred in the performance of their duties. [L 2015, c 166, §2]
Haw. Rev. Stat. § 386-55 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-55
Trustee in case of lump sum payments.
Status: in_force

Whenever for any reason the director of labor and industrial relations deems it advisable, any lump sum which is payable as provided in section 386-54 shall be paid to a suitable individual or corporation appointed by the circuit judge in whose jurisdiction the work injury occurred as trustee to administer or apply the same for the benefit of the disabled worker or the dependent entitled thereto in the manner determined by the director. The receipt of the trustee for the amount so paid shall discharge the employer of the employer's liability.
Haw. Rev. Stat. § 373C-2 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-2
Purpose.
Status: in_force

It is the purpose of this chapter to provide for the development and delivery of occupational and career information on a statewide basis. This information is to be used for the purpose of employment, training, educational, and career planning with a special view toward improving the relationship of current and projected supply and demand in the Hawaii workforce. It is also the purpose of this chapter to provide for the means to develop and deliver occupational and career information through an overall Hawaii occupational information system composed of a career information delivery system and an occupational employment planning system. Additionally, coordination is to be provided for in the development, dissemination, and application of occupational and career information for the purposes of occupational, educational, employment, and training planning and for the delivery and use of career information in educational and occupational decision‑making by youth, trainees, and job seekers.
Haw. Rev. Stat. § 396-5.1 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-5.1
Fees.
Status: in_force

(a) The director may establish fees pursuant to chapter 91 to be charged for the following:

(1) Any aspect relating to the issuance of permits, certificates, or licenses required by this chapter or rule adopted by the director;

(2) Searching, reviewing, segregating, and providing records pursuant to chapter 92F requests where such fees are not provided for under rules adopted by the office of information practices;

(3) The costs of training materials used in department sponsored workshops; and

(4) The costs of public notices required for variances, and public requests for adoption, amendment, or repeal of rules.

(b) Fees received pursuant to subsection (a) shall be deposited into the general fund. [L 1996, c 156, §1]
Haw. Rev. Stat. § 392-43.5 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-43.5
Payments of premium for ineligible employees not permitted.
Status: in_force

An insurer providing benefits for the employees of an employer or an association of employers, shall not require the payment of premiums from such employer or association of employers for employees who do not meet the eligibility requirements of section 392-25. However, in the case of employees who concurrently work for more than one employer and are deemed eligible to receive benefits by combining the wages earned and hours worked of the two or more employments, the insurer shall require the payment of premiums in accordance with section 392-43. The employers or association of employers shall ensure that eligible employees with concurrent employments are provided the required coverage.