Haw. Rev. Stat. § 393-7 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-7
Required health care benefits.
Status: in_force

(a) A prepaid health care plan shall qualify as a plan providing the mandatory health care benefits required under this chapter if it provides for health care benefits equal to, or medically reasonably substitutable for, the benefits provided by prepaid health plans of the same type, as specified in section 393-12(a)(1) or (2), which have the largest numbers of subscribers in the State. This applies to the types and quantity of benefits as well as to limitations on reimbursability, including deductibles, and to required amounts of co-insurance.

The director, after advice by the prepaid health care advisory council, shall determine whether benefits provided in a plan, other than the plan of the respective type having the largest numbers of subscribers in the State, comply with the standards specified in this subsection.

(b) A prepaid group health care plan shall also qualify for the mandatory health care benefits required under this chapter if it is demonstrated by the health care plan contractor offering such coverage to the satisfaction of the director after advice by the prepaid health care advisory council that the plan provides for sound basic hospital, surgical, medical, and other health care benefits at a premium commensurate with the benefits included taking proper account of the limitations, co-insurance features, and deductibles specified in such plan. Coverage under a plan which provides aggregate benefits that are more limited than those provided by plans qualifying under subsection (a) shall be in compliance with section 393-11 only if the employer contributes at least half of the cost of the coverage of dependents under such plan.

(c) Subject to the provisions of subsections (a) and (b) without limiting the development of medically more desirable combinations and the inclusion of new types of benefits, a prepaid health care plan qualifying under this chapter shall include at least the following benefit types:

(1) Hospital benefits:

(A) In-patient care for a period of at least one hundred twenty days of confinement in each calendar year covering:

(i) Room accommodations;

(ii) Regular and special diets;

(iii) General nursing services;

(iv) Use of operating room, surgical supplies, anesthesia services, and supplies; and

(v) Drugs, dressings, oxygen, antibiotics, and blood transfusion services; and

(B) Out-patient care:

(i) Covering use of out-patient hospital; and

(ii) Facilities for surgical procedures or medical care of an emergency and urgent nature;

(2) Surgical benefits:

(A) Surgical services performed by a licensed physician, as determined by plans meeting the standards of subsections (a) and (b);

(B) After-care visits for a reasonable period; and

(C) Anesthesiologist services;

(3) Medical benefits:

(A) Necessary home, office, and hospital visits by a licensed physician;

(B) Intensive medical care while hospitalized; and

(C) Medical or surgical consultations while confined;

(4) Diagnostic laboratory services, x-ray films, and radio-therapeutic services, necessary for diagnosis or treatment of injuries or diseases;

(5) Maternity benefits, at least if the employee has been covered by the prepaid health care plan for nine consecutive months prior to the delivery; and

(6) Substance abuse benefits:

(A) Alcoholism and drug addiction are illnesses and shall receive benefits as such. In-patient and out-patient benefits for the diagnosis and treatment of substance abuse, including but not limited to alcoholism and drug addiction, shall be specifically stated and shall not be less than the benefits for any other illness, except as provided in this subsection. Medical treatment of substance abuse shall not be limited or reduced by restricting coverage to the mental health or psychiatric benefits of a plan. However, any psychiatric services received as a result of the treatment of substance abuse may be limited to the psychiatric benefits of the plan;

(B) Out-patient benefits provided by a physician, psychiatrist, or psychologist, without restriction as to place of service; provided that health plans of the type specified in section 393-12(a) shall retain for the contractor the option of:

(i) Providing the benefits in its own facility and utilizing its own staff;

(ii) Contracting for the provision of these benefits; or

(iii) Authorizing the patient to utilize outside services and defraying or reimbursing the expenses at a rate not to exceed that for provision of services utilizing the health contractor's own facilities and staff;

(C) Detoxification and acute care benefits in a hospital or any other public or private treatment facility, or portion thereof, providing services especially for the detoxification of intoxicated persons or drug addicts, which is appropriately licensed, certified, or approved by the department of health in accordance with the standards prescribed by The Joint Commission. In-patient benefits for detoxification and acute care shall be limited in the case of alcohol abuse to three admissions per calendar year, not to exceed seven days per admission, and shall be limited in the case of other substance abuse to three admissions per calendar year, not to exceed twenty-one days per admission; and

(D) Prepaid health plans shall not be required to make reimbursements for care furnished by government agencies and available at no cost to a patient, or for which no charge would have been made if there were no health plan coverage.

(d) The prepaid health care advisory council shall be appointed by the director and shall include representatives of the medical and public health professions, representatives of consumer interests, and persons experienced in prepaid health care protection; provided that a person representing a health maintenance organization under chapter 432D, a mutual benefit society issuing individual and group hospital or medical service plans under chapter 432, or any other health care organization shall not be a member. The membership of the council shall not exceed seven individuals. [L 1974, c 210, pt of §1; am L 1976, c 25, §2; am L 2003, c 206, §2; am L 2020, c 70, §50]

Revision Note

Pursuant to §23G-15, in,

(1) Subsection (c)(1)(A)(v), punctuation changed;

(2) Subsection (c)(6)(A), punctuation changed;

(3) Subsection (c)(6)(B)(i), "or" deleted and punctuation changed;

(4) Subsection (c)(6)(B)(ii) and (iii), punctuation changed; and

(5) Subsection (c)(6)(C), punctuation changed.
Haw. Rev. Stat. § 393-24 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-24
Noncomplying employer held liable for employee's health care costs.
Status: in_force

Any employer who fails to provide coverage as required by this chapter shall be liable to pay for the health care costs incurred by an eligible employee during the period in which the employer failed to provide coverage.
Haw. Rev. Stat. § 373C-32 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-32
Organization.
Status: in_force

The delivery of career information on a statewide basis shall be through the Hawaii career information delivery system program, operated and managed by the department of labor and industrial relations to provide for the maximum input of customer needs and concerns practicable.
Haw. Rev. Stat. § 392-80 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-80
Appeal pending when reconsideration issued.
Status: in_force

In the event that an appeal is pending as of the date a reconsideration thereof is issued, the appeal, unless withdrawn, shall be treated as an appeal from the reconsideration.
Haw. Rev. Stat. § 386-194 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-194
Qualifications for initial approval and continued authority to act as a workers' compensation self-insurance group.
Status: in_force

(a) A proposed workers' compensation self-insurance group shall file with the insurance commissioner its application for a certificate of approval accompanied by a nonrefundable filing fee in the amount of $300. The application shall include the group's name, location of its principal office, date of organization, name and address of each member, and such other information as the insurance commissioner may reasonably require, together with the following:

(1) Proof of compliance with subsection (b);

(2) A copy of its articles of association, if any;

(3) A copy of agreements with the administrator and any service company;

(4) A copy of the bylaws of the proposed group;

(5) A copy of the agreement between the group and each member securing the payment of workers' compensation benefits, which shall include provision for payment of special compensation fund assessments as provided for under chapter 386, part IV, subpart C;

(6) Designation of the initial board of trustees and administrator;

(7) The address in this State where the books and records of the group will be maintained at all times;

(8) A pro forma financial statement on a form acceptable to the insurance commissioner showing the financial ability of the group to pay the workers' compensation obligations of its members; and

(9) Proof of payment to the group by each member of not less than twenty-five per cent of that member's first year estimated annual net premium on a date prescribed by the insurance commissioner. Each payment shall be considered part of the first year premium payment of each member if the proposed group is granted a certificate of approval.

(b) To obtain and maintain its certificate of approval, a workers' compensation self-insurance group shall comply with the following requirements as well as any other requirements established by law or rule:

(1) A combined net worth of all members of at least $1,000,000;

(2) Security in the form and amount prescribed by the insurance commissioner which shall be provided by either a surety bond, security deposit, financial security endorsement, or any combination thereof. If a surety bond is used to meet the security requirement, it shall be issued by a corporate surety company authorized to transact business in this State. If a security deposit is used to meet the security requirement, securities shall be limited to bonds or other evidences of indebtedness issued, assumed, or guaranteed by the United States or any agency or instrumentality thereof; certificates of deposits in a federally insured bank; shares or savings deposits in a federally insured savings and loan association or credit union; or any bond or security issued by any state and backed by the full faith and credit of that state. Any such securities shall be deposited with the director of finance and assigned to and made negotiable by the director of labor and industrial relations pursuant to a trust document acceptable to the insurance commissioner. Interest accruing on a negotiable security so deposited shall be collected and transmitted to the depositor, provided the depositor is not in default. A financial security endorsement, issued as part of an acceptable excess insurance contract, may be used to meet all or part of the security requirement. The bond, security deposit, or financial security endorsement shall be for the benefit of the State solely to pay claims and associated expenses and payable upon the failure of the group to pay workers' compensation benefits it is legally obligated to pay. The insurance commissioner may establish and adjust from time to time requirements for the amount of security based on differences among groups in their size, types of employment, years in existence, and other relevant factors;

(3) Specific and aggregate excess insurance in a form, in an amount, and by an insurance company acceptable to the insurance commissioner. The insurance commissioner may establish minimum requirements for the amount of specific and aggregate excess insurance based on differences among groups in their size, types of employment, years in existence, and other relevant factors, and may permit a group to meet this requirement by placing in a designated depository securities of the type referred to under paragraph (2);

(4) An estimated annual standard premium of at least $250,000;

(5) An indemnity agreement jointly and severally binding the group and each member thereof to meet the workers' compensation obligations of each member. The indemnity agreement shall be in a form prescribed by the insurance commissioner and shall include minimum uniform substantive provisions prescribed by the insurance commissioner. Subject to the insurance commissioner's approval, a group may add other provisions needed because of its particular circumstances;

(6) A fidelity bond for the administrator in a form and amount prescribed by the insurance commissioner; and

(7) A fidelity bond for the service company in a form and amount prescribed by the insurance commissioner. The insurance commissioner may also require the service company providing claim services to furnish a performance bond in a form and amount prescribed by the insurance commissioner.

(c) A group shall notify the insurance commissioner of any change in the information required to be filed under subsection (a) or in the manner of the group's compliance with subsection (b) no later than thirty days after such change.

(d) The insurance commissioner shall evaluate the information provided by the application required to be filed under subsection (a) to assure that no gaps in funding exist and that funds necessary to pay workers' compensation benefits will be available on a timely basis.

(e) The insurance commissioner shall act upon a completed application for a certificate of approval within sixty days. If, because of the number of applications, the insurance commissioner is unable to act upon an application within this period, the insurance commissioner shall have an additional sixty days to act under this subsection.

(f) The insurance commissioner shall issue to the group a certificate of approval upon finding that the proposed group has met all requirements or the insurance commissioner shall issue an order refusing such certificate setting forth reasons for such refusal upon finding that the proposed group does not meet all requirements.

(g) Each workers' compensation self-insurance group shall be deemed to have appointed the insurance commissioner as its attorney to receive service of legal process issued against it in this State. The appointment shall be irrevocable, shall bind any successor in interest, and shall remain in effect as long as there is in this State any obligation or liability of the group for workers' compensation benefits.

(h) Each group shall establish and maintain a safety and accident prevention program for which the insurance commissioner shall prescribe minimum requirements. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 379-2 — HI Code / Division 1 / Title 21 / Chapter 379 / Section 379-2
Unlawful practices.
Status: in_force

It shall be unlawful for any person:

(1) To recruit, procure, supply, or refer any person for employment in place of an employee involved in a labor dispute in which the person recruiting, procuring, supplying, or referring is not directly interested.

(2) When involved in a labor dispute, to employ in place of an employee involved in such labor dispute any person who customarily and repeatedly offers oneself for employment in the place of employees involved in a labor dispute, or to knowingly employ any person in place of an employee involved in a labor dispute who is recruited, procured, supplied, or referred for employment by any person not directly involved in the labor dispute.

(3) Who customarily and repeatedly offers oneself for employment in place of employees involved in a labor dispute to take or offer to take the place in employment of employees involved in a labor dispute.

(4) Involved in a labor dispute to contract or arrange with any other person to recruit, procure, supply, or refer persons for employment in place of employees involved in the labor dispute. [L 1967, c 18, pt of §2; HRS §379-2; gen ch 1985]
Haw. Rev. Stat. § 381-12 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-12
Employee need not work involuntarily.
Status: in_force

Nothing in this chapter shall be construed to require an individual employee to render labor or service without the individual employee's consent, nor shall anything in this chapter be construed to make the quitting of the individual employee's labor or service by an individual employee an illegal act.
Haw. Rev. Stat. § 383-124 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-124
Relation to unemployment trust fund.
Status: in_force

Sections 383-121 to 383-123 to the extent that they relate to the unemployment trust fund, shall be operative only so long as the unemployment trust fund continues to exist, and so long as the Secretary of the Treasury of the United States continues to maintain for the State a separate account of all funds deposited therein by the State for benefit purposes, together with the State's proportionate share of the earnings of such unemployment trust fund, from which no other state or territory is permitted to make withdrawals. If and when the unemployment trust fund ceases to exist, or the separate account is no longer maintained, all moneys, properties, or securities therein, to the credit of the unemployment compensation fund of the State, are returnable to the director of finance of the State who shall hold, invest, transfer, sell, deposit, and release such moneys, properties, or securities in a manner approved by the department of labor and industrial relations in accordance with this chapter. The moneys shall be invested in the following readily marketable classes of securities: bonds or other interest-bearing obligations of the United States, or other securities which may be acquired under the sinking fund laws of the State; provided that the investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The director of finance shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the department.
Haw. Rev. Stat. § 398-5 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-5
Notice.
Status: in_force

In any case in which the necessity for family leave for purposes of birth or adoption of a child or providing care to a child, spouse, reciprocal beneficiary, sibling, or parent is foreseeable, the employee shall provide the employer with prior notice of the expected birth or adoption or serious health condition in a manner that is reasonable and practicable. Requests for family leave shall include evidence that the employee has submitted the request and provided required data in accordance with section 398-9.5.
Haw. Rev. Stat. § 386-210 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-210
Cease and desist orders.
Status: in_force

(a) After notice and opportunity for a hearing, the insurance commissioner may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of any provision of this chapter or any rule adopted under this chapter.

(b) Upon a finding, after notice and opportunity for a hearing, that any person or group has violated any cease and desist order, the insurance commissioner may do either or both of the following:

(1) Impose a monetary penalty of not more than $10,000 for each and every act or violation of the order, but not to exceed an aggregate monetary penalty of $100,000; or

(2) Revoke the group's certificate of approval or any insurance license held by the person. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 385-12 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-12
Additional unemployment compensation fund.
Status: in_force

There is created a fund to be known as the additional unemployment compensation fund. The director of finance of the State shall be custodian of the fund, and all disbursements therefrom shall be paid by the director upon orders signed by the director.

Moneys credited to the account of the fund may be requisitioned and used for the payment of expenses incurred for the administration of this chapter. [L 1961, c 157, pt of §1; am L 1963, c 114, §1; Supp, §93B-13; HRS §385-12; gen ch 1985]
Haw. Rev. Stat. § 392-49 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-49
Insolvency of employer not to release insurer.
Status: in_force

Every policy and contract of insurance issued for the purposes of this chapter 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 insurer from the payment of temporary disability benefits during the life of the policy or contract.
Haw. Rev. Stat. § 398-7 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-7
Employment and benefits protection.
Status: in_force

(a) Upon return from family leave, the employee shall be entitled to be restored by the employer to the position of employment held by the employee when the leave commenced, or restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. If, however, during a leave, the employer experiences a layoff or workforce reduction and the employee would have lost a position had the employee not been on family leave, the employee is not entitled to reinstatement in the former or equivalent position. In such circumstances, the employee retains all rights, including seniority rights, pursuant to the good faith operation of a bona fide layoff and recall system.

(b) The taking of family leave shall not result in the loss of any employment benefit accrued before the date on which the leave commenced, except for any paid leave that may have been expended in conjunction with the family leave.

(c) Nothing in this chapter shall be construed to entitle or deny any employee to the accrual of any seniority or employment benefits during any period of leave, or any right, employment benefit, or position to which the employee would have been entitled had the employee not taken the leave. [L 1991, c 328, pt of §1]
Haw. Rev. Stat. § 394B-1 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-1
Findings and purpose.
Status: in_force

The legislature finds that there is a need for employment and training assistance for dislocated workers in Hawaii and that there is a need to protect employees from the effects of unexpected and sudden layoffs or terminations resulting from closings, plant closures, partial plant closures, and relocations.
Haw. Rev. Stat. § 386-2 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-2
Definitions relating to family relationships.
Status: in_force

"Brother" or "sister" includes a half brother or half sister, a stepbrother or stepsister, and a brother or sister by adoption.

"Child" includes a posthumous child, adopted child, stepchild, child born to parents not married to each other, and hanai child acknowledged prior to the personal injury.

"Grandchild" includes a child of an adopted child and a child of a stepchild, but does not include a stepchild of a child.

"Grandparent" includes a parent of a parent by adoption, but does not include a parent of a stepparent, a stepparent of a parent, or a stepparent of a stepparent.

"Parent" includes a stepparent or a parent by adoption. [L 1963, c 116, pt of §1; Supp, §97-2; HRS §386-2; am L 1982, c 193, §1; am L 1997, c 52, §1]

Revision Note
Haw. Rev. Stat. § 386-214 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-214
Severability.
Status: in_force

If any provision of this chapter, or the application thereof, to any person or circumstance, is subsequently held to be invalid, the invalidity shall not affect other provisions or applications of this chapter.
Haw. Rev. Stat. § 383-66 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-66
Contribution rates, how determined.
Status: in_force

(a) The department, for the nine-month period April 1, 1941, to December 31, 1941, and for each calendar year thereafter, except as otherwise provided in this part, shall classify employers in accordance with their actual experience in the payment of contributions and with respect to benefits charged against their accounts with a view to fixing the contribution rates to reflect this experience. The department shall determine the contribution rate of each employer in accordance with the following requirements:

(1) The standard rate of contributions payable by each employer for any calendar year through 1984 shall be three per cent. For calendar years 1985 and thereafter, the standard rate of contributions payable by each employer shall be five and four-tenths per cent;

(2) No employer's rate for the calendar year 1942 and for any calendar year thereafter shall be other than the maximum rate unless and until the employer's account has been chargeable with benefits throughout the thirty-six consecutive calendar month period ending on December 31 of the preceding calendar year, except that, for the calendar year 1956 and for each calendar year thereafter, an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate other than the maximum rate if the employer's account has been chargeable throughout a lesser period but in no event less than the twelve consecutive calendar month period ending on December 31 of the preceding calendar year. For the calendar years 1985 through 1991, the contribution rate for a new or newly covered employer shall be the sum of the employer's basic contribution rate of three and six-tenths per cent and the fund solvency contribution rate determined for that year pursuant to section 383-68(a), until the employer's account has been chargeable with benefits throughout the twelve consecutive calendar month period ending on December 31 of the preceding calendar year; except that no employer's contribution rate shall be greater than five and four-tenths per cent and no employer with a negative reserve ratio shall have a contribution rate less than the employer's basic contribution rate. For calendar years 1992 and thereafter, the contribution rate for a new or newly covered employer shall be the contribution rate assigned to any employer with .0000 reserve ratio, until the employer's account has been chargeable with benefits throughout the twelve consecutive calendar month period ending on December 31 of the preceding calendar year;

(3) Any amount credited to this State under section 903 of the Social Security Act of 1935, as amended, which has been appropriated for expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the fund for the purposes of this paragraph. Any advance that may be made to this State under section 1201 of the Social Security Act of 1935, whether or not withdrawn from this trust fund, shall be excluded from the fund for the purposes of this paragraph. No employer's rate shall be reduced in any amount that is not allowable as an additional credit, against the tax levied by the Unemployment Tax Act pursuant to section 3302(b) of the federal Internal Revenue Code of 1986, as amended, or pursuant to any other federal statute, successor to section 3302(b), which provides for the additional credit now provided for in section 3302(b);

(4) If, when any classification of employers is to be made (which may be after the commencement of the period for which the classification is to be made), the department finds that any employer has failed to file any report required in connection therewith or has filed a report that the department finds incorrect or insufficient, the department shall notify the employer thereof by mail addressed to the employer's last known address. Unless the employer files the report or a corrected or sufficient report, as the case may be, within fifteen days after the mailing of the notice, the maximum rate of contributions shall be payable by the employer for the period for which the contribution rate is to be fixed. Effective January 1, 1987, the director, for excusable failure, may redetermine the assignment of the maximum contribution rate in accordance with this section, provided the employer files all reports as required by the department and submits a written request for redetermination before December 31 of the year for which the contribution rate is to be fixed;

(5) For the purpose of sections 383-63 to 383-69, if after December 31, 1939, any employing unit in any manner succeeds to or acquires the organization, trade, or business, or substantially all the assets thereof (whether or not the successor or acquiring unit was an "employing unit", as that term is defined in section 383-1 before the acquisition), or after December 31, 1988 and before December 31, 1992, acquires a clearly identifiable and segregable portion of the organization, trade, or business of another that at the time of the acquisition was an employer subject to this chapter, and the successor continues or resumes the organization, trade, or business and continues to employ all or nearly all of the predecessor's employees, or the successor continues or resumes the clearly identifiable and segregable portion of the organization, trade, or business and continues to employ all or nearly all of the employees of the clearly identifiable and segregable portion, an application may be made for transfer of the predecessor's experience record. If the predecessor employer has submitted all information and reports required by the department including amended quarterly wage reports identifying the employees transferred or retained and executed and filed with the department before December 31 of the calendar year following the calendar year in which the acquisition occurred on a form approved by the department a waiver relinquishing the rights to all or the clearly identifiable and segregable portion of the predecessor's prior experience record with respect to its separate account, actual contribution payment, and benefit chargeability experience, annual payrolls and other data for the purpose of obtaining a reduced rate, and requesting the department to permit the experience record to inure to the benefit of the successor employing unit upon request of the successor employing unit, the experience record for rate computation purposes of the predecessor shall thereupon be deemed the experience record of the successor and the experience record shall be transferred by the department to the successor employing unit and shall become the separate account of the employing unit as of the date of the acquisition. Benefits chargeable to the predecessor employer or successor employer in case of an acquisition of a clearly identifiable and segregable portion of the organization, trade, or business, after the date of acquisition on account of employment before the date of the acquisition shall be charged to the separate account of the successor employing unit. In case of an acquisition of a clearly identifiable and segregable portion of the organization, trade, or business, the experience record that inures to the benefit of the successor employer shall be determined as follows:

(A) Wages, as used in section 383-61, attributable to the clearly identifiable and segregable portion shall be for the period beginning with the most recent three consecutive calendar years immediately preceding the determination of rates under sections 383-63 to 383-69 and through the date of acquisition; and

(B) Reserve balance attributable to the clearly identifiable and segregable portion shall be the amount determined by dividing the wages, as used in section 383-61, of the clearly identifiable and segregable portion in the three calendar years (or that lesser period as the clearly identifiable and segregable portion may have been in operation) immediately preceding the computation date of the rating period before which the acquisition occurred by the total taxable payrolls of the predecessor for the three-year period (or that lesser period as the clearly identifiable and segregable portion may have been in operation) and multiplying the quotient by the reserve balance of the predecessor employer calculated as of the acquisition date;

provided that the waiver or waivers required herein are filed with the department within sixty days after the date of acquisition, the successor employing unit, unless already an employer subject to this chapter, shall be subject from the date of acquisition to the rate of contribution of the predecessor or of two or more predecessors if they have the same contribution rate. If there are two or more predecessors having different contribution rates, the successor shall be subject to the rate prescribed for new or newly covered employers under paragraph (2) until the next determination of rates under sections 383-63 to 383-69, at which time the experience records of the predecessors and successor shall be combined and shall be deemed to be the experience record of a single employing unit and the successor's rate shall thereupon be determined upon the basis of the combined experience. If the successor at the time of the transfer is an employer subject to this chapter, the rate of contribution to which the successor is then subject shall remain the same until the next determination of rates under sections 383-63 to 383-69, at which time the experience records of the predecessor and successor shall be combined and shall be deemed to be the experience record of a single employing unit and the successor's rate shall thereupon be determined upon the basis of the combined experience. For the purpose of determination of rates under sections 383-63 to 383-69 of all successor employing units, waivers as required herein, if not previously filed as hereinabove provided, shall be filed with the department not later than March 1 of the year for which the rate is determined; provided that no waiver shall be accepted by the department for filing unless the employing unit executing the waiver has filed all reports and paid all contributions required by this chapter;

(6) Whenever there is an amendment to this chapter which, if immediately effective, would change an employer's rate of contributions, the rate of the employer shall be changed in accordance with the amendment and the new rate shall apply for the remainder of the calendar year beginning with the calendar quarter immediately following the effective date of the amendment providing for the change, unless otherwise provided by the amendment;

(7) For the purposes of this section, "contribution rate" shall mean the basic contribution rate as defined in section 383-68 when applied to calendar year 1978 or any calendar year thereafter; and

(8) For the purposes of this section, the terms "employing unit", "employer", "predecessor", and "successor" shall include both the singular and the plural of each term. Nothing in this section shall prevent two or more successor employing units, which each succeed to or acquire a clearly identifiable and segregable portion of a predecessor employing unit, from gaining the benefit of the clearly identifiable and segregable portion of the predecessor's experience record;

provided that the terms of this section are complied with, nothing herein shall bar a predecessor employer from waiving the rights to all or the clearly identifiable and segregable portion of the predecessor's prior experience record in favor of a successor employer where the successor acquired a clearly identifiable and segregable portion of the predecessor's organization, trade, or business after December 31, 1988 and before December 31, 1992.

(b) Notwithstanding any other provision of this chapter, the following shall apply regarding assignment of rates and transfers of experience:

(1) If an employing unit transfers its organization, trade, or business, or a portion thereof, to another employing unit and, at the time of the transfer, there is substantially common ownership, management, or control of the two employing units, both employing units shall file a notification of the transfer with the department on a form approved by the department within thirty days after the date of the transfer. The department shall transfer the experience records attributable to the transferred organization, trade, or business to the employing unit to whom the organization, trade, or business is transferred. The rates of both employing units shall be recalculated and made effective beginning with the calendar year immediately following the date of the transfer of the organization, trade, or business;

(2) If a person is not an employing unit as defined in section 383-1 at the time it acquires the organization, trade, or business of another employing unit, both the person and the employing unit shall file a notification of the acquisition with the department on a form approved by the department within thirty days after the date of the acquisition. If the department determines at the time of the acquisition or thereafter, based on objective factors that may include:

(A) The cost of acquiring the organization, trade, or business;

(B) Whether the person continued the activity of the acquired organization, trade, or business;

(C) How long the organization, trade, or business was continued; or

(D) Whether a substantial number of new employees were hired for performance of duties unrelated to the organization, trade, or business activity conducted prior to the acquisition, that the acquisition was solely or primarily for the purpose of obtaining a lower rate of contribution, the person shall not be assigned the lower rate and shall be assigned the contribution rate for a new or newly covered employer pursuant to subsection (a)(2) instead;

(3) An employing unit or person who is not an employing unit shall be subject to penalties under paragraph (4) or (5) if the employing unit or person who is not an employing unit:

(A) Knowingly violates or attempts to violate this subsection or any other provision of this chapter related to determining the assignment of a contribution rate;

(B) Makes any false statement or representation or fails to disclose a material fact to the department in connection with the transfer or acquisition of an organization, trade, or business; or

(C) Knowingly advises another employing unit or person in a way that results in a violation or attempted violation of this subsection;

(4) If the person is an employing unit:

(A) The employing unit shall be subject to the highest rate assignable under this chapter for the calendar year during which the violation or attempted violation occurred and for the consecutive three calendar years immediately following; or

(B) If the employing unit is already at the highest rate or if the amount of increase in the employing unit's rate would be less than two per cent for the calendar year during which the violation or attempted violation occurred, a penalty equal to contributions of two per cent of taxable wages shall be imposed for the calendar year during which the violation or attempted violation occurred and the consecutive three calendar years immediately following. Any penalty amount collected in excess of the maximum contributions payable at the highest rate shall be deposited in the special unemployment insurance administration fund in accordance with section 383-127;

(5) If the person is not an employing unit, the person shall be subject to a penalty of not more than $5,000. The penalty shall be deposited in the special unemployment insurance administration fund in accordance with section 383-127;

(6) For purposes of this subsection, the following definitions shall apply:

(A) "Knowingly" means having actual knowledge of or acting with deliberate ignorance or reckless disregard for the requirements or prohibition involved;

(B) "Violates or attempts to violate" includes but is not limited to intent to evade, misrepresentation, or wilful nondisclosure;

(C) "Person" shall have the same meaning as defined in section 7701(a)(1) of the Internal Revenue Code of 1986, as amended; and

(D) "Organization, trade, or business" shall include the employer's workforce;

(7) In addition to the civil penalties imposed by paragraphs (4) and (5), any violation of this section may be prosecuted under sections 383-142 and 383-143. No existing civil or criminal remedy for any wrongful action that is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this section;

(8) The department shall establish procedures to identify the transfer or acquisition of an employing unit for the purposes of this section; and

(9) This section shall be interpreted and applied in a manner to meet the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor. [L 1939, c 219, §7(c)(3); am L 1941, c 304, §1, pt of subs 21; am L 1943, c 160, §1, subs 7; RL 1945, §4251; am L 1951, c 195, §1(8); am L 1953, c 41, §1(7); am L 1955, c 18, §1(2) and c 51, §1(1); RL 1955, §93-65; am L 1957, c 145, §1(d); am L Sp 1959 2d, c 1, §27; am L 1961, c 4, §1; am L 1962, c 13, §2; am L 1964, c 55, §§6, 7, 8; HRS §383-66; am L 1974, c 155, §1; am L 1978, c 235, §1; am L 1981, c 189, §1; am L 1984, c 229, §2; gen ch 1985; am L 1986, c 162, §5; am L 1987, c 107, §2; am L 1990, c 51, §1; am L 1991, c 68, §7; am L 2005, c 114, §1; am L 2009, c 32, §1; am L 2012, c 263, §1; am L 2025, c 214, §6]
Haw. Rev. Stat. § 377-4.7 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-4.7
Facilitating initial collective bargaining agreements.
Status: in_force

(a) No later than ten days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

(b) If, after the expiration of the ninety-day period beginning on the date on which bargaining commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the board of the existence of a dispute and request conciliation under section 377-3.

(c) If, after the expiration of the twenty-day period beginning on the date on which the request for conciliation is made under subsection (b), or such additional period as the parties may agree upon, the conciliator is not able to bring the parties to agreement by conciliation, the board shall refer the dispute to an arbitration panel established in accordance with section 89-11(e)(2)(A) and rules as may be prescribed by the board. The arbitration panel shall render a decision settling the dispute, and the decision shall be binding upon the parties for a period of two years, unless amended during that period by written consent of the parties. [L Sp 2009, c 6, pt of §1]
Haw. Rev. Stat. § 388-52 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-52
Penalties.
Status: in_force

Any employer found in violation of section 388-51 shall be subject to a fine of no less than $250 nor more than $2,500 to be collected by the director and the fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so collected by the director shall be paid into the general fund.
Haw. Rev. Stat. § 396-8 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-8
Employee responsibility and rights.
Status: in_force

(a) Employee compliance. Each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued under this chapter which are applicable to the employee's own actions and conduct.

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

(c) Opportunity for employees to participate in inspections. At the time and place of inspections under section 396-4(b)(2), (3), and (4), an opportunity shall be provided for employees and their representatives to bring possible violations to the attention of the authorized representative of the director conducting said inspection in order to aid inspections. This requirement may be fulfilled by allowing a representative of the employees and a representative of the employer to accompany the director's authorized representative during the physical inspection of the workplace, or in absence of the employees' representative, there shall be a consultation with a reasonable number of employees.

(d) Notice of nonaction to employees. The department shall notify the employees when the department decides not to take compliance action as a result of violations alleged by any employee or any representative of the employees. This notice shall state the decision not to take compliance action, the reasons therefor, and the procedures for informal review of such decision.

(e) Discharge or discrimination against employees for exercising any right under this chapter is prohibited. In consideration of this prohibition:

(1) No person shall discharge, suspend or otherwise discriminate in terms and conditions of employment against any employee by reason of:

(A) The employee's failure or refusal to operate or handle any machine, device, apparatus, or equipment which is in any unsafe condition; or

(B) The employee's failure or refusal to engage in unsafe practices in violation of this chapter or of any standard, rule, regulation, citation or order issued under the authority of this chapter;

(2) Upon discretion of the director or request, names of complainants may be withheld from the employer;

(3) No person shall discharge or in any manner discriminate against any employee because the employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or intends to testify in any such proceeding, or acting to exercise or exercised on behalf of the employee or others any right afforded by this chapter;

(4) Any employee who believes that there has been a discharge or discrimination against the employee by any person in violation of this subsection may, within sixty days after the violation occurs, file a complaint with the director alleging unlawful discharge or discrimination and setting forth the circumstances thereof;

(5) Upon receipt of the complaint, the director shall investigate to determine if a discharge or discrimination in violation of this subsection has occurred;

(6) If upon investigation the director determines that the provisions of this subsection have been violated, the director shall order the employer to provide all appropriate relief to the employee, including rehiring or reinstating the employee to the former position with back pay and restoration of seniority;

(7) Within ninety days of receipt of a complaint filed under this subsection, unless extended by the director, the director shall notify the employee of the final determination and any subsequent action the department will take to resolve the complaint; and

(8) Nothing in this subsection shall preclude any employee or representative of an employee from simultaneously pursuing a cause of action for injunctive relief or any other remedy provided by law.

(f) Except for those complainants alleging violations under subsection (e) above, names of all complainants and witnesses shall be withheld from the employer unless prior permission is given by the complainant or witness to release the complainant's or witness' name. [L 1972, c 57, pt of §1; am L 1974, c 152, §4; am L 1976, c 95, §7; am L 1977, c 179, §2; gen ch 1985; am L 1993, c 204, §1]
Haw. Rev. Stat. § 383-30.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-30.5
Good cause for separation from part-time employment.
Status: in_force

(a) In applying the provisions of section 383-30(1), an individual who has established eligibility based on full-time employment may be found to have good cause for voluntarily separating from subsequent part-time employment based on any of the following conditions:

(1) Loss of full-time work with a regular employer made it economically unfeasible to continue part-time employment;

(2) The part-time employment was outside the individual's customary occupation and would not have been considered suitable work at the time the individual accepted part-time employment. In determining whether an individual is reasonably fitted for a particular job, the department shall consider:

(A) The degree of risk involved to the individual's health, safety, and morals;

(B) The individual's physical fitness;

(C) The individual's prior training;

(D) The individual's experience;

(E) The individual's prior earnings;

(F) The length of the individual's unemployment;

(G) The individual's prospects for obtaining work in the individual's customary occupation;

(H) The distance of available work from the individual's residence; and

(I) The individual's prospects for obtaining local work.

As used in this paragraph, "suitable work" means work in the individual's usual occupation or work for which the individual is reasonably fitted;

(3) The employer failed to provide sufficient advance notice of a work schedule change;

(4) There was a work schedule conflict with other concurrent part-time or full-time employment;

(5) A real, substantial, or compelling reason, or a reason that would cause a reasonable and prudent employee, genuinely and sincerely desirous of maintaining employment, to take similar action and to try reasonable alternatives before terminating the employment relationship;

(6) Change in working conditions and the change is prejudicial or detrimental to the health, safety, or morals of the employee;

(7) Change in terms and conditions of employment, including change in rate of pay, position or grade, duties, days of work, or hours of work;

(8) Discrimination that violates federal or state laws regarding equal employment opportunity practices;

(9) Change in the employee's marital or domestic status;

(10) Acceptance of a definite, firm offer made of other employment where the offer is subsequently withdrawn and the former employer refuses to rehire the employee;

(11) Retirement under a mandatory requirement imposed by a collective bargaining agreement;

(12) Evidence that the employee was a victim of domestic or sexual violence, including any circumstance that causes a reasonable employee to believe that other available alternatives, such as a leave of absence, a transfer of jobs, or an alternate work schedule, would not be sufficient to guarantee the safety of the employee and that separation from employment was necessary to address the resulting physical and psychological effects, to seek or reside in an emergency shelter, or to avoid future domestic or sexual violence. Evidence includes:

(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;

(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; or

(D) Statements from the individual, or other corroborating evidence.

As used in this paragraph, "domestic or sexual violence" includes domestic abuse, sexual assault, or stalking; or

(13) Any other factor relevant to a determination of good cause.

(b) For purposes of this section:

"Part-time" means less than twenty hours per week or on-call or casual or intermittent. [L 2011, c 165, §1; am L 2020, c 19, §9]
Haw. Rev. Stat. § 386-87.1 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-87.1
Standing to intervene in appeals.
Status: in_force

In any proceeding before the appellate board under section 386-87, a prepaid health care plan contractor, as defined in section 393-3, may participate as a party in interest for the sole purpose of asserting its subrogation rights or other reimbursement right against any employer or insurance carrier for medical benefits which were previously paid by the contractor provided however any reimbursement shall be in accordance with the appropriate health care provider fee schedule. A prepaid health care plan contractor shall not have a right to intervene or participate on any other contested issue including the issue of compensability or entitlement to benefits before the appellate board.
Haw. Rev. Stat. § 392-4 — HI Code / Division 1 / Title 21 / Chapter 392 / Section 392-4
Place of performance.
Status: in_force

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

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

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

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

(b) The term "employment" also includes all service performed 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 1969, c 148, pt of §1]

Revision Note

In subsection (a)(2), (A) and (B) reformatted as subparagraphs (A) and (B) pursuant to §23G-15.
Haw. Rev. Stat. § 385-16 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-16
Period of benefit payments; issuance of further proclamations.
Status: in_force

Where the additional benefits provided by this chapter are made payable by the governor's proclamation after the occurrence of a disaster, the benefits shall be payable only for a period of one year after the effective date of the proclamation.

Nothing herein shall prevent the governor from issuing further proclamations invoking this chapter in the event other disasters occur. [L 1961, c 157, pt of §1; Supp, §93B-17; HRS §385-16; am L 1972, c 47, §7]
Haw. Rev. Stat. § 381-7 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-7
Status quo maintained.
Status: in_force

After the notice required by section 381-3 is filed with the director of labor and industrial relations and until ten days after the report of the emergency board has been filed with the governor, no change in wages, hours, or other terms and conditions of employment prevailing before the actual or proposed change out of which the dispute arose shall be made by the public utility employer named in the notice, except by agreement of the parties.

The employer involved in the dispute shall be free to make such changes in operations of personnel as are consistent with the operation of its business provided that if written objection to any such change is filed by the employees with the director, the change shall require the approval of the director. [L 1949, c 146, pt of §1; RL 1955, §91-8; HRS §381-7]
Haw. Rev. Stat. § 373C-44 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-44
Labor market information development program.
Status: in_force

The department of labor and industrial relations shall conduct a labor market information development program to develop employment and unemployment demographics and to conduct labor market area industrial economic analysis in fulfilling the responsibilities of section 373C-23.
Haw. Rev. Stat. § 373-3 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-3
Fees; biennial renewal; restoration.
Status: in_force

(a) No applicant shall be examined under this chapter until the appropriate fees have been paid.

(b) Every person holding a license under this chapter shall register with the director and pay a biennial renewal fee on or before June 30 of each even-numbered year. Failure to pay the renewal fee shall constitute a forfeiture of the license as of the date of expiration. Any license so forfeited may be restored within one year after the expiration upon filing of an application and payment of the renewal and restoration fees.

(c) All fees shall be as provided in rules adopted by the director pursuant to chapter 91. [L 1959, c 264, pt of §3; Supp, §88A-3; HRS §373-3; am L 1980, c 302, pt of §2; am L 1983, c 84, §1(3); am L 1985, c 135, §3; am L 1992, c 202, §2; am L 2002, c 22, §2]
Haw. Rev. Stat. § 386-127 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-127
Cancellation of insurance contracts.
Status: in_force

No policy or contract of insurance issued by a stock company or mutual association against liability arising under this chapter shall be canceled within the time limited in the contract for its expiration until at least ten days after notice of intention to cancel such contract, on a date specified in the notice, has been filed with and served on the director of labor and industrial relations and the employer.
Haw. Rev. Stat. § 372-1 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-1
Application of chapter.
Status: in_force

This chapter shall apply to a person, employer, association, committee, or organization only after such person, employer, association, committee, or organization has voluntarily elected to conform with its provisions. [L Sp 1941, c 23, §6; RL 1945, §4147; RL 1955, §89-1; HRS §372-1; am L 2012, c 14, §2]
Haw. Rev. Stat. § 388-9.7 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-9.7
Enforcement of the order of wage payment violation.
Status: in_force

The director may file in any court of competent jurisdiction in the jurisdiction in which the employer does business, a certified copy of the final order of wage payment violation. The court shall render a judgment in accordance with the final order of wage payment violation and notify the parties of the judgment. The judgment shall have the same effect, and all proceedings in relation to the judgment shall be the same, as though the judgment had been rendered in an action duly heard and determined by the court, except that there shall be no appeal from the judgment.
Haw. Rev. Stat. § 386-51.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-51.5
Limited liability in concurrent employment.
Status: in_force

Where an employee is concurrently engaged in more than one employment covered by this chapter and sustains a personal injury in one employment under conditions specified in section 386-3, the liability of the employer shall be limited to the benefits as would be payable had the employee no other employment than the one in which the employee was injured. The balance of the employee's benefits shall be paid from the special compensation fund, except that benefits for disability rated as a percentage of total impairment of physical or mental function of the whole person shall be the sole liability of the employer.
Haw. Rev. Stat. § 396-11.5 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-11.5
Appeals board.
Status: in_force

(a) In any hearing conducted by the appeals board under this chapter and pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail or by electronic service through a company designated by the board at least fifteen days before the hearing.

(b) In all hearings before the appeals board, each board member shall have the same powers as possessed by the circuit courts respecting the administering of oaths; issuing subpoenas; compelling the attendance of witnesses, the production of documentary evidence, and the taking of depositions; and examining or causing to be examined witnesses. The circuit court of any circuit, upon application by the appeals board or a party, shall have power to enforce, by proper proceedings, the attendance and testimony of any witness subpoenaed. Subpoena and witness fees and mileage in these cases shall be the same as in criminal cases in the circuit courts and paid by the party calling the witness.

No person shall be excused from attending, testifying, or producing material, books, paper, correspondence, memoranda, and other records before the appeals board or in compliance with a subpoena on the grounds that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; provided that no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary, or otherwise, except that such persons testifying shall not be exempt from prosecution and punishment for perjury committed in testifying.

Pursuant to chapter 91, the appeals board may adopt rules of the Hawaii rules of civil procedure and other rules in conducting any hearing.

(c) Contemptuous conduct at any hearing shall be grounds for summary exclusion from the hearing. Such misconduct, if of an aggravating character and engaged in by an attorney or other representative of a party, shall be grounds for suspension or disbarment from further practice before the appeals board after due notice and hearing. The appeals board may impose other sanctions for contemptuous conduct, including dismissal of the appeal. Any action taken by the appeals board shall be by a simple majority.

(d) As used in this section, "contemptuous conduct" includes the following conduct by a person appearing before the appeals board:

(1) Failure or refusal to appear in compliance with a subpoena or, having appeared, failure or refusal to testify under oath or affirmation;

(2) Failure or refusal to answer any relevant question or failure or refusal to furnish any relevant book, paper, or other document subpoenaed by or on behalf of the appeals board; and

(3) The commission of any other act that is disrespectful or interferes with the administration of justice. [L 2013, c 96, §1; am L 2017, c 122, §1; am L 2019, c 212, §1]
Haw. Rev. Stat. § 381-3 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-3
Notice of impasse required; effect of collective bargaining agreements.
Status: in_force

When an impasse is reached in any dispute between a public utility employer and its employees, either party to the dispute claiming the existence of an impasse shall notify the director of labor and industrial relations in writing of the existence of the impasse. The notice shall contain a clear and concise statement of each issue on which an impasse has been reached, and a certificate as to the good faith of the notice and the statements contained therein, which certification shall be made by the representatives actively engaged in the conduct of negotiations for the party filing the notice. A copy of the notice shall be delivered to the other party to the dispute simultaneously with delivery of notice to the director.

This section shall not apply in any case where there exists a collective bargaining agreement between a public utility employer and its employees, except where:

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

(2) In accordance with the terms of the collective bargaining agreement, the parties undertake negotiations for a new agreement or an amendment of the existing agreement pursuant to specific designation in the agreement of a certain time or period for such negotiations, and no agreement has been reached at the expiration of the time or period, and the agreement does not prohibit strikes or lockouts following such negotiation and failure to arrive at agreement. [L 1949, c 146, pt of §1; RL 1955, §91-4; HRS §381-3]
Haw. Rev. Stat. § 396-12 — HI Code / Division 1 / Title 21 / Chapter 396 / Section 396-12
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 place of employment, machine, device, apparatus, or 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.

The party seeking the review of a decision and order of the appeals board shall bear the cost of preparing a transcript, except as provided by law, in which case the appeals board shall bear the cost of preparing the transcript. [L 1972, c 57, pt of §1; am L 1975, c 50, §6; am L 1976, c 95, §10; am L 2017, c 122, §2; am L 2019, c 212, §2]
Haw. Rev. Stat. § 393-32 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-32
Rulemaking and other powers of the director.
Status: in_force

The director may adopt, amend, or repeal, pursuant to chapter 91, such rules and regulations as the director deems necessary or suitable for the proper administration and enforcement of this chapter.

The director may round off the amounts specified in this chapter for the purpose of eliminating payments from the premium supplementation fund in other than even dollar amounts or other purposes.

The director may prescribe the filing of reports by prepaid health care plan contractors and prescribe the form and content of requests by employers for premium supplementation and the period for the payment thereof. [L 1974, c 210, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 383-76 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-76
Refunds and adjustments.
Status: in_force

(a) If not later than four years after the date of payment of any amount as a contribution or contributions or interest thereon or penalty with respect thereto, an employing unit which has made such payment erroneously makes application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because the adjustment cannot be made within a reasonable time, and if the department of labor and industrial relations determines that payment of such contribution or contributions or interest or penalty or any portion thereof was erroneous, the department shall allow the employing unit to make an adjustment thereof, without interest, in connection with subsequent contribution payments by the employing unit, or if the adjustment cannot be made within a reasonable time, the department shall refund from the unemployment compensation fund or the administration fund as may be appropriate, without interest, the amount erroneously paid. For like cause and within the same period, adjustment or refund may be so made on the department's own initiative. Any number of such payments erroneously made by an employing unit may form the basis of one application. The four-year limitation period stated above shall be applicable with respect to payments made in the year 1937 and in all subsequent years.

(b) The applicant shall be promptly notified of the action of the department upon any application for adjustment or refund pursuant to subsection (a) of this section. In case any such application is denied in whole or in part, the applicant, within thirty days after the date of mailing of notice of the action to the applicant's last known address, or in the absence of such mailing within thirty days after the delivery of the notice to the applicant, may appeal from such denial to the circuit court of the judicial circuit wherein is the principal place of business of the applicant or the circuit court of the first judicial circuit. The department shall be the party respondent to any such judicial proceedings. The procedure in the trial before the circuit court shall be in accordance with the procedure applicable to actions under section 40-35. Proceedings for review by the intermediate appellate court may be taken and had, subject to chapter 602, in the same manner, but not inconsistent with this chapter, as is provided in civil actions. In case the final determination in any such judicial proceedings shall be in favor of the employing unit, in whole or in part, any amount determined by such final judgment to have been erroneously paid shall be adjusted or refunded, without interest and without the addition of any other charges, in the same manner as other adjustments or refunds under this chapter.

(c) An employing unit shall be entitled to receive an adjustment or refund pursuant to subsection (a) of this section or to appeal from the denial of an application therefor pursuant to subsection (b) of this section whether or not the erroneously made payment or payments forming the basis of the application or appeal have been made under protest.

(d) The remedy given in this section is in addition to the remedies provided in section 383-74; provided that no payment made as the result of an assessment made pursuant to section 383-70(c) shall be made the subject of an appeal pursuant to this section.

(e) In case any final determination in any proceedings provided for in section 383-74 shall be in favor of the employing unit, in whole or in part, the amount found in such proceedings to have been erroneously paid by the employing unit shall be refunded to the employing unit in the same manner as other refunds under this chapter. [L 1939, c 219, §9(e); am L 1941, c 304, §1, subs 31; RL 1945, §4267; am L 1953, c 41, §1(4); RL 1955, §93-75; am L Sp 1959 2d, c 1, §27; HRS §383-76; am L 1987, c 119, §4; am L 2004, c 202, §41; am L 2006, c 94, §1; am L 2010, c 109, §1]
Haw. Rev. Stat. § 371K-3 — HI Code / Division 1 / Title 21 / Chapter 371K / Section 371K-3
General functions, duties, and powers of the executive director.
Status: in_force

The executive director shall:

(1) Serve as the principal official in state government responsible for the coordination of programs for the needy, poor, and disadvantaged persons, refugees, and immigrants;

(2) Oversee, supervise, and direct the performance by subordinates of activities in such areas as planning, evaluation, and coordination of programs for disadvantaged persons, refugees, and immigrants and development of a statewide service delivery network;

(3) Assess the policies and practices of public and private agencies impacting on the disadvantaged and conduct advocacy efforts on behalf of the disadvantaged, refugees, and immigrants;

(4) Devise and recommend legislative and administrative actions for the improvement of services for the disadvantaged, refugees, and immigrants;

(5) Serve as a member of advisory boards and panels of state agencies in such areas as child development programs, elder programs, social services programs, health and medical assistance programs, refugee assistance programs, and immigrant services programs;

(6) Administer funds allocated for the office of community services; and apply for, receive, and disburse grants and donations from all sources for programs and services to assist the disadvantaged, refugees, and immigrants;

(7) Adopt, amend, and repeal rules pursuant to chapter 91 for purposes of this chapter;

(8) Retain such staff as may be necessary for the purposes of this chapter, who may be exempt from chapter 76; and

(9) Contract for services as may be necessary for the purposes of this chapter. [L 1985, c 305, pt of §1; am L 1990, c 67, §8; am L 2000, c 253, §150; am L 2006, c 300, §11; am L 2012, c 39, §1]
Haw. Rev. Stat. § 394B-2 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-2
Definitions.
Status: in_force

As used in this chapter:

"Closing" means the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business transaction that results in or may result in the layoff or termination of employees of a covered establishment by the employer.

"Covered establishment" means any industrial, commercial, or other business entity that employs at any time in the preceding twelve-month period, fifty or more persons.

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

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

"Dislocated worker" means an individual who:

(1) Has been terminated or laid off or who has received a notice of termination or layoff from employment, is eligible for or has exhausted entitlement to unemployment compensation, and is unlikely to return to the person's previous industry or occupation;

(2) Has been terminated or who has received a notice of termination of employment, as a result of any permanent closure of a business, partial closings, and relocation as defined in this section; or

(3) Is a long-term unemployed and has limited opportunities for employment or reemployment in the same or a similar occupation in the area in which the individual resides, including any older individual who may have substantial barriers to employment by reason of age.

"Divestiture" means the transfer of any covered establishment from one employer to another because of the sale, transfer, merger, bankruptcy, or other business takeover or transaction of business interests that causes the covered establishment's employees to become dislocated workers.

"Employee" means any individual engaged in service to an employer.

"Employer" means any individual or entity that, directly or indirectly, owns, operates, or has a controlling interest in a covered establishment, excluding the State or any political subdivision thereof.

"Partial closing" means the permanent shutting down of a portion of operations within a covered establishment due to the sale, transfer, merger, and other business takeover or transaction of business interests and results in or may result in the termination of a portion of the employees of a covered establishment by the employer.

"Person" means one or more individuals, partnerships, associations, corporations, business trust, legal representatives, or any organized group of persons.

"Relocation" means the removal of all or substantially all of the industrial, commercial, or business operations in a covered establishment to a location outside the State of Hawaii. [L 1983, c 195, pt of §1; am L 1987, c 377, §2; am L 1993, c 6, §17; am L Sp 2007, c 5, §1]

Revision Note

In paragraph (1) of the definition of "dislocated worker", "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 377-1 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-1
Definitions.
Status: in_force

When used in this chapter:

"All union agreement" means an agreement between an employer and the representative of the employer's employees in a collective bargaining unit whereby all of the employees in such unit are required to be members of a single labor organization.

"Board" means the Hawaii labor relations board, provided for by sections 26-20, 89-5, and 377-2.

"Collective bargaining" is the negotiating by an employer and a majority of the employer's employees in a collective bargaining unit (or their representatives) concerning representation or terms and conditions of employment of such employees in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.

"Collective bargaining unit" means all of the employees of one employer (employed within the State), except that where the board has determined and certified that such employees engaged in a single craft, division, department, or plant as provided in section 377-5(b) constitute a separate bargaining unit they shall be so considered. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees or each separate unit have voted by secret ballot as provided in section 377-5(c) so to do.

"Election" means a proceeding in which the employees in a collective bargaining unit cast a secret ballot for collective bargaining representatives or for any other purpose specified in this chapter and shall include elections conducted by the board, or, unless the context clearly indicates otherwise, by any tribunal having competent jurisdiction or whose jurisdiction was accepted by the parties.

"Employee" includes any person, other than an independent contractor, working for another for hire in the State, and shall not be limited to the employees of a particular employer unless the context clearly indicates otherwise. "Employee" includes any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer and who has not:

(1) Refused or failed to return to work upon the final disposition of a labor dispute or a charge of an unfair labor practice by a tribunal having competent jurisdiction of the same or whose jurisdiction was accepted by the employee or the employee's representative;

(2) Been found to be committing or a party to any unfair labor practice hereunder;

(3) Obtained regular and substantially equivalent employment elsewhere; or

(4) Been absent from the individual's employment for a substantial period of time during which reasonable expectancy of settlement has ceased (except by an employer's unlawful refusal to bargain) and whose place has been filled by another engaged in the regular manner for an indefinite or protracted period and not merely for the duration of a strike or lockout.

"Employee" does not include any individual employed in the domestic service of a family or person at the family's or person's home or any individual employed by the individual's parent or spouse, or any person employed in an executive or supervisory capacity, or 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. "Employee" includes any individual subject to the jurisdiction of the National Labor Relations Act, as amended from time to time, but over whom the National Labor Relations Board has declined to exercise jurisdiction or has indicated by its decisions and policies that it will not assume jurisdiction.

"Employer" means a person who engages the services of an employee, and includes any person acting on behalf of an employer, but shall not include the State or any political subdivision thereof, or any labor organization or anyone acting in behalf of such organization other than when it is acting as an employer in fact.

"Labor dispute" 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.

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

"Person employed in an executive or supervisory capacity" means any employee who has the authority to hire or fire other employees or whose suggestions and recommendations as to hiring or firing and as to the advancement, promotion, or demotion of other employees will be given particular weight; but shall not mean registered nurses whose compensation is determined on an hourly basis or who are subject to supervision by any person other than the person in charge of all registered nurses at the employer's premises.

"Representative" includes any person chosen by an employee to represent the employee.

"Secondary boycott" includes combining or conspiring to cause or threaten to cause injury to one with whom no labor dispute exists, whether by:

(1) Withholding patronage, labor, or other beneficial business intercourse;

(2) Picketing;

(3) Refusing to handle, install, use, or work on particular materials, equipment, or supplies; or

(4) Using any other unlawful means,

in order to bring one against one's will into a concerted plan to coerce or inflict damage upon another.

"Unfair labor practice" means any unfair labor practice as defined in sections 377-6 to 377-8. [L 1945, c 250, §3; am L 1955, c 11, §1; RL 1955, §90-2; am L 1961, c 31, §1; am L 1963, c 53, §1; am L 1965, c 244, §1; am L 1967, c 253, §2; HRS §377-1; am L 1971, c 91, §1; am L 1985, c 251, §12; gen ch 1985; am L 2016, c 55, §5]

Revision Note

Numeric designations deleted and definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 373C-23 — HI Code / Division 1 / Title 21 / Chapter 373C / Section 373C-23
Responsibilities.
Status: in_force

The department of labor and industrial relations shall be responsible for the preparation of occupational employment demand information concerning projected needs for occupational skills in Hawaii's labor market. The department of education and University of Hawaii systems shall be responsible for the production of uniform educational supply data concerning students in courses related to each occupational category.

The workforce development council shall be responsible for coordinating the production of federally funded training supply data concerning trainees enrolled and completing training programs in each occupational category. The department of human services shall be responsible for preparing information concerning welfare and vocational trainees enrolled and completing training by occupational category.

All of the identified entities in this section shall jointly develop and produce, to the extent feasible, other data required of the occupational information system. [L 1983, c 193, pt of §1; am L 1987, c 339, §4; am L 2001, c 171, §4]
Haw. Rev. Stat. § 386-192 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-192
Definitions.
Status: in_force

For the purpose of this part:

"Administrator" means an individual, partnership, or corporation engaged by a workers' compensation self-insurance group's board of trustees to carry out the policies established by the group's board of trustees and to provide day-to-day management of the group.

"Insolvent" or "insolvency" means the inability of a workers' compensation self-insurance group to pay its outstanding lawful obligations as they mature in the regular course of business, as may be shown either by an excess of its required reserves and other liabilities over its assets or by its not having sufficient assets to reinsure all of its outstanding liabilities after paying all accrued claims owed by it.

"Net premium" means premium derived from standard premium adjusted by any advance premium discounts.

"Service company" means a person or entity which provides services which are not provided by the administrator. The services which may be provided by a service company include but are not limited to:

(1) Claims adjustment;

(2) Safety engineering;

(3) Compilation of statistics and the preparation of premium, loss, and tax reports;

(4) Preparation of other required self-insurance reports;

(5) Development of members' assessments and fees; and

(6) Administration of a claims fund account.

"Standard premium" means the premium derived from the manual rates adjusted by experience modification factors but before advance premium discounts.

"Workers' compensation self-insurance group" or "group" means a not-for-profit unincorporated association consisting of five or more employers who:

(1) Are engaged in the same or similar type of business;

(2) Are members of the same bona fide trade or professional association which has been in existence for not less than five years; and

(3) Enter into agreements to pool their liabilities for workers' compensation benefits in this State. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 386-89 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-89
Reopening of cases; continuing jurisdiction of director.
Status: in_force

(a) In the absence of an appeal and within twenty days after a copy of the decision has been sent to each party, the director of labor and industrial relations may upon the director's own motion or upon the application of any party reopen a case to permit the introduction of newly discovered evidence, and may render a revised decision.

(b) The director may at any time, either of the director's own motion or upon the application of any party, reopen any case on the ground that fraud has been practiced on the director or on any party and render such decision as is proper under the circumstances.

(c) On the application of any party in interest, supported by a showing of substantial evidence, on the ground of a change in or of a mistake in a determination of fact related to the physical condition of the injured employee, the director may, at any time prior to eight years after date of the last payment of compensation, whether or not a decision awarding compensation has been issued, or at any time prior to eight years after the rejection of a claim, review a compensation case and issue a decision which may award, terminate, continue, reinstate, increase, or decrease compensation. No compensation case may be reviewed oftener than once in six months and no case in which a claim has been rejected shall be reviewed more than once if on such review the claim is again rejected. The decision shall not affect any compensation previously paid, except that an increase of the compensation may be made effective from the date of the injury, and if any part of the compensation due or to become due is unpaid, a decrease of the compensation may be made effective from the date of the injury, and any payment made prior thereto in excess of such decreased compensation shall be deducted from any unpaid compensation in such manner and by such method as may be determined by the director. In the event any such decision increases the compensation in a case where the employee has received damages from a third party pursuant to section 386-8 in excess of compensation previously awarded, the amount of such excess shall constitute a pro tanto satisfaction of the amount of the additional compensation awarded. This subsection shall not apply when the employer's liability for compensation has been discharged in whole by the payment of a lump sum in accordance with section 386-54. [L 1963, c 116, pt of §1; am L 1965, c 69, §1; Supp, §97-98; HRS §386-89; am L 1974, c 8, §2; am L 1985, c 296, §9; gen ch 1985]
Haw. Rev. Stat. § 398-28 — HI Code / Division 1 / Title 21 / Chapter 398 / Section 398-28
Compliance review.
Status: in_force

The department may investigate whether the terms of an agreement, settlement, order, or decision are being complied with by the employer. If the employer is not in compliance, the department shall take appropriate action as provided under this chapter.
Haw. Rev. Stat. § 371-18.5 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-18.5
[ §371-18.
Status: in_force

[ §371-18.5] Workforce advisory boards; established. (a) In addition to any workforce advisory board established pursuant to this chapter, the director may establish workforce advisory boards to be placed in the department for administrative purposes only. Section 26-34 shall not apply to the workforce advisory boards established pursuant to this section.

(b) The director or the director's designee shall serve as the chairperson of any workforce advisory board.

(c) The director may designate the membership of the workforce advisory boards, and the members shall be selected on the basis of their knowledge, experience, and expertise. The members may consist of partners, stakeholders, educators, practitioners, and employers in important or emerging businesses or industries that have been identified in the State.

(d) The workforce advisory boards shall:

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

(2) Develop a mission, objectives, and goals with particular emphasis on pre-service programs and opportunities;

(3) Advise the department in developing partnerships and cooperative educational programs with providers, organizations, and stakeholders to further the workforce advisory board's mission and objectives;

(4) Coordinate and align workforce programs and develop strategies to meet worker and employer needs;

(5) Engage employers across the workforce system to align training with needed skills and match employers with qualified workers;

(6) Provide new and incumbent worker training and transitional jobs that promote work-based training; and

(7) Align the performance indicators for core programs, and add new performance indicators related to services to employers and post-secondary credential attainment.

(e) The members of the workforce advisory boards shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, incurred in the performance of their duties and shall serve two-year terms. [L 2015, c 166, §3]
Haw. Rev. Stat. § 393-3 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-3
Definitions generally.
Status: in_force

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

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

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

"Employer" means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, a debtor in possession or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more regular employees in the employer's employment. "Employer" does not include:

(1) The State, any of its political subdivisions, or any instrumentality of the State or its political subdivisions;

(2) The United States government or any instrumentality of the United States;

(3) Any other state or political subdivision thereof or instrumentality of such state or political subdivision;

(4) Any foreign government or instrumentality wholly owned by a foreign government, if[:]

(A) The service performed in its employ 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.

"Employment" means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, expressed or implied, with an employer, except as otherwise provided in sections 393-4 and 393-5.

"Premium" means the amount payable to a prepaid health care plan contractor as consideration for the contractor's obligations under a prepaid health care plan.

"Prepaid health care plan" means any agreement by which any prepaid health care plan contractor undertakes in consideration of a stipulated premium:

(1) Either to furnish health care, including hospitalization, surgery, medical or nursing care, drugs or other restorative appliances, subject to, if at all, only a nominal per service charge; or

(2) To defray or reimburse, in whole or in part, the expenses of health care.

"Prepaid health care plan contractor" means:

(1) Any medical group or organization which undertakes under a prepaid health care plan to provide health care;

(2) Any nonprofit organization which undertakes under a prepaid health care plan to defray or reimburse in whole or in part the expenses of health care; or

(3) Any insurer who undertakes under a prepaid health care plan to defray or reimburse in whole or in part the expenses of health care.

"Recipient of social service payments" includes:

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

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

"Regular employee" means a person employed in the employment of any one employer for at least twenty hours per week but does not include a person employed in seasonal employment. "Seasonal employment" for the purposes of this paragraph means employment in a seasonal pursuit as defined in section 387-1 by a seasonal employer during a seasonal period or seasonal periods for the employer in the seasonal pursuit or employment by an employer engaged in the cultivating, harvesting, processing, canning, and warehousing of pineapple during its seasonal periods. The director by rule and regulation may determine the kind of employment that constitutes seasonal employment.

"Wages" means all remuneration for services from whatever source, including commissions, bonuses, and tips and gratuities paid directly to any individual by a customer of the individual's employer, and the cash value of all remuneration in any medium other than cash.

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

If the employee does not account to the employee's employer for the tips and gratuities received and is engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips, the combined amount received by the employee from the employee's employer and from tips shall be deemed to be at least equal to the wage required by chapter 387 or a greater sum as determined by regulation of the director.

"Wages" does not include the amount of any payment specified in section 383-11 or 392-22 or chapter 386. [L 1974, c 210, pt of §1; am L 1976, c 78, §1; gen ch 1985; am L 2007, c 259, §5]

Revision Note

Pursuant to §23G-15:

(1) Numeric designations deleted and paragraphs renumbered;

(2) In paragraph (4) of the definition of "employer", (A) and (B) reformatted as subparagraphs (A) and (B), and in paragraph (4)(A), punctuation changed; and

(3) In paragraph (1) of the definition of "prepaid health care plan contractor", "or" deleted.
Haw. Rev. Stat. § 397-3 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-3
Definitions.
Status: in_force

As used in this chapter:

"Amusement ride" means a mechanically or electrically operated device designed to carry passengers in various modes and used for entertainment and amusement.

"Appeals board" means the labor and industrial relations appeals board established by section 371-4.

"Boiler" means a closed vessel in which water or other liquid is heated, steam or vapor is generated, steam or vapor is superheated, or any combination thereof under pressure for use external to itself, by the direct application of energy from the combustion of fuels, or from electricity or solar energy.

"Contractor" means any person, firm, or corporation installing, repairing, or servicing and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment or structure inspected pursuant to this chapter.

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

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

"Division" means the division of occupational safety and health.

"Elevator" means a hoisting and lowering mechanism permanently installed in a structure, designed to carry passengers or authorized personnel, equipped with a car or platform which moves in fixed guides and serves two or more fixed landings.

"Elevators and kindred equipment" means elevators, escalators, dumbwaiters, moving walks, stage lifts, inclined lifts, personnel hoists, permanently installed material lifts, and any other similar mechanized equipment used to convey people in places other than a public right-of-way.

"Exclusive employment" means a qualified boiler inspector who is employed on a full-time or part-time basis to provide inspection services within the scope of their National Board commission exclusively for only one authorized inspection agency or owner-user inspection organization.

"National Board" means the National Board of Boiler and Pressure Vessel Inspectors.

"Owner" means any person, firm, or corporation with legal title to any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter who may or may not be the user.

"Owner-user inspection organization" means an owner or user of pressure retaining items, whose organization and inspection procedures meet the requirements of the National Board, and is approved by the director .

"Permit to operate" means a certificate issued by the department that indicates that the pressure retaining item, amusement ride, or elevator and kindred equipment has met the required safety inspection and tests required by this chapter and rules adopted under this chapter, and that required fees have been paid as set forth in this chapter.

"Pressure piping" means piping systems specified in the American Society of Mechanical Engineers Power Piping Code B31.1.

"Pressure retaining item" means a boiler, pressure vessel, or pressure system.

"Pressure system" means either a pressure vessel or pressure piping as defined in this section.

"Pressure vessel" means a closed vessel in which pressure is obtained from an external source or by the direct application of heat from a direct or indirect source.

"User" means any person, firm, or corporation legally in possession and responsible for the safe operation of any boiler, pressure system, amusement ride, or elevator and kindred equipment inspected pursuant to this chapter.

"Vendor" means any person, firm, or corporation that sells or distributes any boiler, pressure system, amusement ride, or elevator and kindred equipment required to be inspected pursuant to this chapter. [L 1980, c 19, pt of §1; am L 2018, c 186, §1; am L 2021, c 200, §2; am L 2022, c 102, §1]
Haw. Rev. Stat. § 378-34 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-34
Proceeding and hearing on complaint.
Status: in_force

(a) After the filing of any complaint, the department of labor and industrial relations shall serve a copy of the complaint upon the employer charged. Service may be by delivery to the employer or by mail. The employer may file an answer to the complaint.

(b) A hearing on the complaint shall be held by the department in conformance with chapter 91. [L 1967, c 22, pt of §1; HRS §378-34]
Haw. Rev. Stat. § 388-5 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-5
Unconditional payment of wages conceded to be due.
Status: in_force

(a) In case of a dispute as to the amount of wages, the employer shall pay, without condition and within the time set by this chapter, all wages, or parts thereof, conceded by the employer to be due, leaving to the employee all remedies the employee might otherwise be entitled to, including those provided under this chapter, as to any balance claimed.

(b) The acceptance by an employee of a payment under this section shall not constitute a release or accord and satisfaction with respect to the disputed amount and any release required by an employer as a condition to payment shall be in violation of this chapter and shall be null and void. [L 1963, c 158, pt of §3; Supp, §95-4; HRS §388-5; gen ch 1993]
Haw. Rev. Stat. § 377-16 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-16
Construction.
Status: in_force

Except as specifically provided in this chapter, nothing herein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work, nor shall anything in this chapter be so construed as to invade unlawfully the right to freedom of speech.
Haw. Rev. Stat. § 394-12 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-12
[ §394-12] Work experience; private and public sector; annual report.
Status: in_force

[ §394-12] Work experience; private and public sector; annual report. The department of labor and industrial relations shall submit an annual report on state-funded internship programs for both the private and public sectors to the legislature no later than twenty days prior to the convening of each regular session. At a minimum, each report shall include:

(1) Outcomes and successes of the program;

(2) The number of interns who enrolled in the program and exited the program during the previous fiscal year;

(3) The names of the private or public sector organizations where intern placements were made;

(4) Data on intern performance and retention rates;

(5) Costs associated with the program; and

(6) Any proposed legislation. [L 2025, c 251, pt of §2]
Haw. Rev. Stat. § 371-12.5 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-12.5
Labor law enforcement special fund; establishment; purposes.
Status: in_force

(a) There is established in the state treasury the labor law enforcement special fund into which shall be deposited:

(1) All penalties collected pursuant to section 387-18;

(2) All penalties collected pursuant to section 387-12(a)(2);

(3) All penalties collected pursuant to section 388-9.7;

(4) All penalties collected pursuant to section 388-10;

(5) All civil penalties assessed pursuant to section 396-10;

(6) Moneys appropriated by the legislature to the fund; and

(7) Any income and capital gains earned by the fund.

(b) The purpose of the special fund is to provide for sufficient operating costs to collect penalties and fees assessed by the department. Moneys in the fund may be used for:

(1) Personnel and operating expenses;

(2) Staff development, training, fees, and expenses; and

(3) Litigation expenses, including but not limited to transcript costs, and interpretation and translation services.

(c) The unencumbered balance of the fund exceeding $500,000 at the end of every fiscal year shall be deposited into the general fund on or about June 30 every year. [L 2018, c 187, §1; am L 2025, c 115, §2]
Haw. Rev. Stat. § 398A-5 — HI Code / Division 1 / Title 21 / Chapter 398A / Section 398A-5
[ §398A-5] Employee rights.
Status: in_force

[ §398A-5] Employee rights. (a) An employer shall not interfere with, restrain, or deny the exercise of, or an attempt to exercise, a right established by this chapter.

(b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who:

(1) Exercises a right provided under this chapter; or

(2) Opposes a practice made unlawful by this chapter. [L 2014, c 161, pt of §1]
Haw. Rev. Stat. § 393-48 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-48
Prepaid health care benefits to be paid from the premium supplementation fund; recovery of benefits.
Status: in_force

Prepaid health care benefits shall be paid from the premium supplementation fund to an employee who is entitled to receive prepaid health care benefits but cannot receive such benefits because of bankruptcy of the employee's employer or because the employee's employer is not in compliance with this chapter. Benefits paid from the premium supplementation fund to such employee may be recovered from the employee's bankrupt or noncomplying employer. The director shall institute administrative and legal actions as provided in section 393-33 to effect recovery of such benefits.
Haw. Rev. Stat. § 383-105 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-105
Federal-state cooperation.
Status: in_force

(a) In the administration of this chapter, the department of labor and industrial relations shall cooperate with the United States Department of Labor to the fullest extent consistent with this chapter, and shall take such action, through the adoption of appropriate rules, regulations, administrative methods, and standards, as may be necessary to secure to the State and its citizens all advantages available under the provisions of the Social Security Act, as amended, that relate to unemployment compensation, the federal Unemployment Tax Act, the Wagner-Peyser Act, as amended, and the Federal-State Extended Unemployment Compensation Act of 1970.

(b) In the administration of the provisions in sections 383-168 to 383-174 of this chapter, which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the department of labor and industrial relations shall take such action as may be necessary[:]

(1) To ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor; and

(2) To secure to the State the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the federal act. [L 1939, c 219, §10(j); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4273; am L 1953, c 41, §1(3); RL 1955, §93-104; am L Sp 1959 2d, c 1, §27; HRS §383-105; am L 1971, c 187, §9]

Revision Note

In subsection (b), (1) and (2) reformatted as paragraphs (1) and (2) and in subsection (b)(1), punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 377-11 — HI Code / Division 1 / Title 21 / Chapter 377 / Section 377-11
Rules.
Status: in_force

The board may adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with chapter 91.
Haw. Rev. Stat. § 371-11 — HI Code / Division 1 / Title 21 / Chapter 371 / Section 371-11
Research and statistics; employers to keep certain records.
Status: in_force

The department of labor and industrial relations:

(1) Shall investigate and gather data regarding the wages, hours, and other conditions and practices of employment in the State, and may enter and inspect places and records, and make transcriptions thereof, and investigate facts, conditions, practices, or matters as are necessary or appropriate to carry into effect the duties imposed upon it under this chapter or under the rules of the department;

(2) May investigate, collect, and publish information relating to the cost of living in the State as it deems advisable; and

(3) Shall collect, file, and publish information relating to labor and industrial relations and shall perform other duties as the director of labor and industrial relations shall by rule prescribe.

Every employer subject to this chapter or any rule or regulation of the department issued under this chapter shall make, keep, and preserve records of the persons employed by the employer and of the wages, hours, and other conditions and practices of employment, maintained by the employer, and preserve the records for periods of time, as the department may by rule prescribe. In addition, every employer, regardless of whether they use a professional employer organization or a third-party administrator, shall keep a record of the former physical addresses and current physical address of the employer and the North American Industry Classification System code applicable to the employer.

The director or the director's authorized representative shall for the purpose of examination have access to and the right to copy from the records any matter or thing pertinent to this section, and every employer shall furnish to the director or the director's authorized representative on demand a copy under oath of the material portion of the records as the director or the director's authorized representative requires, and if the director so requires, upon forms prescribed or approved by the director.

The department shall adopt all necessary rules and regulations to carry out the purposes of this section. [L 1939, c 237, §1(14); RL 1945, §4117; RL 1955, §88-18; am L 1957, c 135, §2; am L Sp 1959 2d, c 1, §27; HRS §371-11; gen ch 1985; am L 2016, c 190, §1]
Haw. Rev. Stat. § 383-5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-5
Service localized where.
Status: in_force

Service shall be deemed to be localized within a state, if:

(1) The service is performed entirely within the state; or

(2) The service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state, for example, is temporary or transitory in nature or consists of isolated transactions. [L 1939, c 219, §2(k)(1); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4206; RL 1955, §93-5; HRS §383-5]
Haw. Rev. Stat. § 378-62 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-62
Discharge of, threats to, or discrimination against employee for reporting violations of law.
Status: in_force

An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:

(1) The employee, or a person acting on behalf of the employee, reports or is about to report to the employer, or reports or is about to report to a public body, verbally or in writing, a violation or a suspected violation of:

(A) A law, rule, ordinance, or regulation, adopted pursuant to law of this State, a political subdivision of this State, or the United States; or

(B) A contract executed by the State, a political subdivision of the State, or the United States,

unless the employee knows that the report is false; or

(2) An employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action. [L 1987, c 267, pt of §1; am L 2002, c 56, §2]
Haw. Rev. Stat. § 385-4 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-4
Weekly benefit amount.
Status: in_force

A claimant's weekly benefit amount under this chapter shall be the same as the claimant's weekly normal benefit amount payable during the claimant's current benefit year if the claimant has an unexpired benefit year, or the claimant's most recent benefit year less that part of wages (if any) payable to the claimant with respect to such week which is in excess of $2; provided that if the claimant was self-employed during the week in which the disaster identified by the governor in the proclamation provided for in section 385-1 occurred, or the claimant was employed during such week but the claimant's total earned wages are insufficient to entitle the claimant to normal benefits, then the claimant's weekly benefit amount shall be the average weekly benefit payable at that time less that part of wages (if any) payable to the claimant with respect to such week which is in excess of $2.
Haw. Rev. Stat. § 372-6 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-6
Related instruction.
Status: in_force

Related instruction for apprentices and training of teachers and coordinators for the instruction shall be the responsibility of the community colleges of the University of Hawaii system. [L Sp 1941, c 23, §2; RL 1945, §4143; am L 1955, c 31, §1(a); RL 1955, §89-6; am L 1965, c 138, §1; am L 1967, c 20, §1(e); HRS §372-6; am L 1990, c 101, §1; am L 2012, c 14, §7]
Haw. Rev. Stat. § 388-11 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-11
Employees remedies.
Status: in_force

(a) Action by an employee to recover unpaid wages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an agent or representative to maintain the action.

(b) Except for claims filed by individuals employed in a bona fide executive, administrative, or professional capacity or in the capacity of an outside salesperson, whenever the director of labor and industrial relations determines that wages have not been paid, and that the unpaid wages constitute an enforceable claim, the director may upon the request of the employee take an assignment in trust for the wages without being bound by any of the technical rules respecting validity of any such assignments and may bring any legal action necessary to collect such claim. With the consent of the assigning employee at the time of the assignment the director may settle and adjust any such claim to the same extent as might the assigning employee. No claim shall be accepted by the director after the expiration of one year from the date the wages are due and payable.

(c) The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow interest of six per cent per year from the date the wages were due, costs of action, including costs of fees of any nature, and reasonable attorney's fees, to be paid by the defendant. The director shall not be required to:

(1) Pay the filing fee or other costs or fees of any nature, including the opposing party's fees and costs; or

(2) File a bond or other security of any nature, in connection with such action, with proceedings supplementary thereto, or as a condition precedent to the availability to the director of any process in aid of such action or proceedings. The director may join various claimants in one preferred claim or lien, and in case of suit join them in one cause of action.

(d) When the business of any person, corporation, company, or firm is suspended as a result of a writ of execution or attachment or is placed in the hands of a receiver, trustee, or assignee for creditors, then in all such cases claims for wages of not more than $600 to each claimant, earned within one year of the date such business is suspended or placed in the hands of a receiver, trustee, or assignee for creditors, shall be paid in full prior to the payment of taxes or any other debts except a debt secured by a mortgage duly recorded before the wages were earned.

(e) Any employee desiring to enforce the employee's claim for wages under subsections (d), (e), and (f) of this section shall present a statement under oath showing the amount due, the kind of work for which the wages are due, and when the work was performed to the office or person charged with such property within twenty days after the seizure thereof on any execution or writ of attachment or within sixty days after the property has been placed in the hands of a receiver, trustee, or assignee for creditors. Any interested party may contest any such claim or part thereof by filing sworn exception thereto with such officer or person within ten days after the period for filing claims, and thereupon the claimant shall be required to reduce the claimant's claim to judgment before any part thereof shall be paid.

(f) No claim shall be paid until after the expiration of the time for filing and contesting claims. If the funds realized from the sale of the property are insufficient to pay the total claims for wages presented, then the funds shall be prorated on such claims. [L 1963, c 158, pt of §3; Supp, §95-10; am L 1967, c 13, §1; HRS §388-11; am L 1973, c 8, §1; gen ch 1985, 1993; am L 1994, c 84, §2; am L 1999, c 251, §4]
Haw. Rev. Stat. § 378-2.3 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-2.3
Equal pay.
Status: in_force

(a) No employer shall discriminate between employees because of any protected category listed in section 378-2(a)(1) by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from:

(1) A seniority system;

(2) A merit system;

(3) A system that measures earnings by quantity or quality of production;

(4) A bona fide occupational qualification; or

(5) A differential based on any other permissible factor other than any of the protected categories listed in section 378-2(a)(1),

do not violate this section.

(b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section. [L 2005, c 35, §2; am L 2018, c 108, §3; am L 2023, c 203, §3]
Haw. Rev. Stat. § 386-211 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-211
Revocation of certificate of approval.
Status: in_force

(a) After notice and opportunity for a hearing, the insurance commissioner may revoke a group's certificate of approval if the group:

(1) Is found to be insolvent;

(2) Fails to pay any premium tax, regulatory fee or assessment, or special compensation fund assessments imposed upon it; or

(3) Fails to comply with any provision of this chapter or any rule adopted under this chapter or with any lawful order of the insurance commissioner within the time prescribed.

(b) In addition, the insurance commissioner may revoke a group's certificate of approval if, after notice and opportunity for hearing, the insurance commissioner finds that:

(1) Any certificate of approval that was issued to the group was obtained by fraud;

(2) There was a material misrepresentation in the application for the certificate of approval; or

(3) The group or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys that belong to a member, an employee of a member, or a person otherwise entitled thereto and that have been entrusted to the group or its administrator in its fiduciary capacities. [L 1986, c 304, pt of §1]
Haw. Rev. Stat. § 383-79 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-79
Combining services performed for predecessor and successor employing units.
Status: in_force

If any employing unit succeeds to or acquires the organization or business of another, the number of employees performing a service and the number of weeks during which the service is performed for the predecessor and successor shall be combined for the purpose of determining whether the service is subject to this chapter if the service is agricultural labor or service described in section [383-7(a)(4)(B)(ii)].
Haw. Rev. Stat. § 394-8 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-8
New industry training program.
Status: in_force

(a) There is hereby established the new industry training program, which shall be administered by the department of labor and industrial relations. Program moneys may be used to tailor training or retraining programs to meet the needs of qualifying businesses, to reimburse instructors for valid and approved expenditures in delivering instruction under the program, to rent appropriate training facilities and equipment, when necessary, to purchase or develop materials required to deliver the instruction, and for any other training-related expenses.

(b) The department shall utilize the resources of the University of Hawaii, including the community college system, the Hawaii technology development corporation, and other educational and training resources in the public and private sectors throughout the State as may be appropriate to be used to provide preemployment or employment training or on-the-job training for local residents hired by businesses relocating to Hawaii or expanding their local operations. The department may contract for these training needs from public agencies including the various University of Hawaii campuses, private educational institutions, nonprofit corporations, or private entities in order to provide the required training. [L 1987, c 241, §2; am L 2017, c 69. §4]
Haw. Rev. Stat. § 378-93 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-93
[ §378-93] Civil actions for injunctive relief or damages.
Status: in_force

[ §378-93] Civil actions for injunctive relief or damages. (a) An employee who alleges a violation of this part may bring a civil action for appropriate injunctive relief, actual damages, or both within two years after the occurrence of the alleged violation.

(b) A cause of action pursuant to subsection (a) may be brought in the appropriate court in the circuit where the alleged violation occurred, where the plaintiff resides, or where the defendant resides or has a [principal] place of business.

(c) A defendant who violates this part shall be fined $500 for each violation. A civil fine that is ordered pursuant to this section shall be deposited with the director of finance to the credit of the state general fund.

(d) For purposes of this section, "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney's fees. [L 2013, c 249, pt of §2]
Haw. Rev. Stat. § 373-5 — HI Code / Division 1 / Title 21 / Chapter 373 / Section 373-5
Application for license.
Status: in_force

(a) Every individual, partnership, corporation, or association seeking a license to operate an employment agency shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe; provided that in addition to complying with all other requirements of this chapter, no license shall be issued unless the applicant either has passed a certified employment consultant examination as designated by the director or has in the applicant's employ a principal agent.

(b) Every principal agent shall file a written application with the director that shall contain such information and shall be in such form as the director may prescribe and no license shall be issued unless the applicant has passed a certified employment consultant examination as designated by the director.

The examination shall cover the following:

(1) Interview principles and techniques;

(2) Job descriptions and specifications;

(3) Placement procedure, including recruitment, solicitation, and referral;

(4) Aids for applicants;

(5) Agency management;

(6) General principles of business law; and

(7) State statutes and rules relating to an employment agency.

(c) A principal agent who does not engage in the employment agency business in the State during the succeeding year shall not be required to pay the renewal fee as long as the principal agent remains inactive. Should the principal agent wish to resume work as a principal agent at some future time, the principal agent shall so notify the director and remit the renewal fee for the current biennial period.

(d) Every applicant, including all officers, directors, partners, members, or managers of the applicant, shall possess a reputation for honesty, truthfulness, financial integrity, and fair dealing and shall not have been convicted of a felony directly related to the operation of a commercial employment agency, unless the conviction has been expunged or annulled. [L 1959, c 264, pt of §3; Supp, §88A-5; HRS §373-5; am L 1978, c 202, §2; am L 1980, c 302, pt of §2; am L 1982, c 163, §2; am L 1985, c 135, §4; am L 2002, c 22, §4]
Haw. Rev. Stat. § 383-68 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-68
Contribution rate schedules; fund solvency rate schedule; rates based on experience.
Status: in_force

(a) Before December31 of each year the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis of the relationship between the most recent current reserve fund and the most recent adequate reserve fund. The fund solvency contribution rate shall apply for calendar years 1985 through 1991 and shall be that rate that appears on the same line as the ratio (rounded to the nearest hundredth) of the current reserve fund to the adequate reserve fund in the fund solvency contribution rate schedule set forth in this paragraph.

FUND SOLVENCY CONTRIBUTION RATE SCHEDULE

Ratio of Current Reserve Fund Fund Solvency

to Adequate Reserve Fund Contribution Rate

2.00 or more - .5 per cent

1.50 to 1.99 - .2 per cent

1.00 to 1.49 0

.90 to .99 + .4 per cent

.80 to .89 + .8 per cent

.60 to .79 +1.2 per cent

.40 to .59 +1.6 per cent

.20 to .39 +2.0 per cent

Less than .20 +2.4 per cent

(b) For calendar years 1985 through 1991 the contribution rate of any employer eligible for a reduced rate in accordance with section [383-66(a)(2)] shall be the sum of the employer's basic contribution rate for such year determined pursuant to this subsection and the fund solvency contribution rate determined for such year pursuant to subsection (a); except that no employer's contribution rate shall be less than zero, no employer's contribution rate shall be greater than five and four-tenths per cent, and no employer with a negative reserve ratio shall have a contribution rate less than that employer's basic contribution rate.

Subject to the requirements of sections 383-63 to 383-67 and 383-69, an employer's basic contribution rate for a calendar year shall be that rate which appears on the same line as the employer's reserve ratio for the year in the basic contribution rate schedule set forth in this subsection.

BASIC CONTRIBUTION RATE SCHEDULE

Reserve Ratio Contribution Rate

.1500 and over .2 per cent

.1400 to .1499 .4 per cent

.1300 to .1399 .6 per cent

.1200 to .1299 .8 per cent

.1100 to .1199 1.0 per cent

.1000 to .1099 1.2 per cent

.0900 to .0999 1.4 per cent

.0800 to .0899 1.6 per cent

.0700 to .0799 1.8 per cent

.0600 to .0699 2.2 per cent

.0500 to .0599 2.6 per cent

.0300 to .0499 3.0 per cent

.0000 to .0299 3.6 per cent

-.0000 to -.0499 4.2 per cent

-.0500 to -.0999 4.8 per cent

-.1000 and less 5.4 per cent

(c) Effective with calendar year 1992 and thereafter, before December 31 of the previous year the contribution rate schedule for the following calendar year shall be determined on the basis of the relationship between the most recent current reserve fund and the most recent adequate reserve fund, in accordance with this subsection and subsection (d).

(1) Whenever the ratio of the current reserve fund to the adequate reserve fund is greater than 1.69, contribution rate schedule A shall apply.

(2) Whenever the ratio of the current reserve fund to the adequate reserve fund is 1.3 to 1.69, contribution rate schedule B shall apply.

(3) Whenever the ratio of the current reserve fund to the adequate reserve fund is 1.0 to 1.29, contribution rate schedule C shall apply.

(4) Whenever the ratio of the current reserve fund to the adequate reserve fund is .80 to .99, contribution rate schedule D shall apply.

(5) Whenever the ratio of the current reserve fund to the adequate reserve fund is .60 to .79, contribution rate schedule E shall apply.

(6) Whenever the ratio of the current reserve fund to the adequate reserve fund is .40 to .59, contribution rate schedule F shall apply.

(7) Whenever the ratio of the current reserve fund to the adequate reserve fund is .20 to .39, contribution rate schedule G shall apply.

(8) Whenever the ratio of the current reserve fund to the adequate reserve fund is less than .20, contribution rate schedule H shall apply.

Notwithstanding the ratio of the current reserve fund to the adequate reserve fund, contribution rate schedule D shall apply for calendar years 2021 and 2022.

(d) Subject to the requirements of sections 383-63 to 383-69, an employer's contribution rate for calendar year 1992 and for each calendar year thereafter shall be that rate which appears on the same line as the employer's reserve ratio for that year in the contribution rate schedule applicable for the year as specified in subsection (c).

CONTRIBUTION RATE SCHEDULES (rates in percentages)

Reserve Ratio A B C D E F G H

.1500 and over 0.0 0.0 0.0 0.2 0.6 1.2 1.8 2.4

.1400 to .1499 0.0 0.0 0.1 0.4 0.8 1.4 2.0 2.6

.1300 to .1399 0.0 0.0 0.2 0.6 1.0 1.6 2.2 2.8

.1200 to .1299 0.0 0.1 0.4 0.8 1.2 1.8 2.4 3.0

.1100 to .1199 0.0 0.2 0.6 1.0 1.4 2.0 2.6 3.2

.1000 to .1099 0.1 0.3 0.8 1.2 1.6 2.2 2.8 3.4

.0900 to .0999 0.3 0.5 1.0 1.4 1.8 2.4 3.0 3.6

.0800 to .0899 0.5 0.7 1.2 1.6 2.0 2.6 3.2 3.8

.0700 to .0799 0.7 0.9 1.4 1.8 2.2 2.8 3.4 4.0

.0600 to .0699 0.9 1.1 1.6 2.0 2.4 3.0 3.6 4.2

.0500 to .0599 1.1 1.3 1.8 2.2 2.6 3.2 3.8 4.4

.0300 to .0499 1.3 1.5 2.0 2.6 3.0 3.6 4.2 4.8

.0000 to .0299 1.7 1.9 2.4 3.0 3.4 4.0 4.6 5.2

-.0000 to -.0499 2.1 2.3 2.8 3.4 3.8 4.4 5.0 5.4

-.0500 to -.0999 2.5 2.7 3.2 4.0 4.4 5.0 5.4 5.6

-.1000 to -.4999 2.9 3.1 3.6 4.6 5.0 5.4 5.6 5.8

-.5000 to -.9999 3.4 3.6 4.2 5.2 5.4 5.6 5.8 6.0

-1.0000 to -1.4999 4.1 4.2 4.8 5.4 5.6 5.8 6.0 6.2

-1.5000 to -1.9999 4.7 4.8 5.4 5.6 5.8 6.0 6.2 6.4

-2.0000 and less 5.4 5.4 5.6 5.8 6.0 6.2 6.4 6.6
Haw. Rev. Stat. § 386-97.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-97.5
Penalties.
Status: in_force

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

(b) All fines collected pursuant to this chapter shall be deposited into the special compensation fund created by section 386-151. [L 1991, c 107, §1; am L 2020, c 44, §8]
Haw. Rev. Stat. § 386-73 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-73
Original jurisdiction over controversies.
Status: in_force

Unless otherwise provided, the director of labor and industrial relations shall have original jurisdiction over all controversies and disputes arising under this chapter. The decisions of the director shall be enforceable by the circuit court as provided in section 386-91. There shall be a right of appeal from the decisions of the director to the appellate board and thence to the intermediate appellate court, subject to chapter 602, as provided in sections 386-87 and 386-88, but in no case shall an appeal operate as a supersedeas or stay unless the appellate board or the appellate court so orders.
Haw. Rev. Stat. § 383-172 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-172
Total extended benefit amount.
Status: in_force

The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be fifty per cent of the total amount of regular benefits which were payable to the individual under this chapter in the individual's applicable benefit year; provided that the amount so determined shall be reduced by the total amount of additional benefits paid (or deemed paid) to the individual for weeks of unemployment in the individual's benefit year which began prior to the effective date of the extended benefit period which is current in the week for which the individual first claims extended benefits.
Haw. Rev. Stat. § 387-1 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-1
Definitions.
Status: in_force

As used in this chapter:

"Agriculture" means agriculture as defined in section 3(f) of the Federal Fair Labor Standards Act of 1938, or as the same may be amended from time to time.

"Casual basis" means employment that is:

(1) Irregular or intermittent; and

(2) Performed for a family or household who directly employs the individual providing the services.

Employment is not on a casual basis, whether performed for one or more family or household employers, if the employment for all employers exceeds twenty hours per week in the aggregate. For babysitting or companionship services for the aged or infirm, employment is not on a casual basis if the service is performed by an individual whose vocation is the provision of babysitting or companionship services.

"Companionship services for the aged or infirm" means those services that provide fellowship, care, and protection for an individual who, because of advanced age or physical or mental infirmity, cannot care for the individual's own needs. "Companionship services for the aged or infirm" does not include services relating to the care and protection of the aged or infirm that require and are performed by trained personnel, such as a registered or practical nurse.

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

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

"Domestic service" means services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom he or she is employed. The term includes, but is not limited to, services performed by employees such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, janitors, laundresses, caretakers, handymen, gardeners, and chauffeurs of automobiles for family use. The term also includes babysitters whose employment is not on a casual basis.

"Employ" includes to permit or suffer to work.

"Employee" includes any individual employed by an employer, but shall not include any individual employed:

(1) At a guaranteed compensation totaling $4,000 or more a month, whether paid weekly, biweekly, or monthly;

(2) In agriculture for any workweek in which the employer of the individual employs less than twenty employees or in agriculture for any workweek in which the individual is engaged in coffee harvesting;

(3) In or about the home of the individual's employer:

(A) In domestic service on a casual basis; or

(B) Providing companionship services for the aged or infirm;

(4) As a house parent in or about any home or shelter maintained for child welfare purposes by a charitable organization exempt from income tax under section 501 of the federal Internal Revenue Code;

(5) By the individual's sibling, sibling-in-law, child, spouse, parent, or parent-in-law;

(6) In a bona fide executive, administrative, supervisory, or professional capacity or in the capacity of outside salesperson or as an outside collector;

(7) In the propagating, catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, crustacean, sponge, seaweed, or other aquatic forms of animal or vegetable life, including the going to and returning from work and the loading and unloading of those products before first processing;

(8) On a ship or vessel and who has a Merchant Mariners Document issued by the United States Coast Guard;

(9) As a driver of a vehicle carrying passengers for hire operated solely on call from a fixed stand;

(10) As a golf caddy;

(11) By a nonprofit school during the time that the individual is a student attending the school;

(12) In any capacity if by reason of the employee's employment, in that capacity and during the term thereof, the minimum wage that may be paid to the employee or maximum hours that the employee may work during any workweek without the payment of overtime, are prescribed by the federal Fair Labor Standards Act of 1938, as amended, or as the same may be further amended from time to time; provided that if the minimum wage that may be paid to the employee under the Fair Labor Standards Act for any workweek is less than the minimum wage prescribed by section 387-2, then section 387-2 shall apply in respect to the employee for that workweek; provided further that if the maximum workweek established for the employee under the Fair Labor Standards Act for the purposes of overtime compensation is higher than the maximum workweek established under section 387-3, then section 387-3 shall apply in respect to the employee for that workweek; except that the employee's regular rate in that event shall be the employee's regular rate as determined under the Fair Labor Standards Act;

(13) As a seasonal youth camp staff member in a resident situation in a youth camp sponsored by charitable, religious, or nonprofit organizations exempt from income tax under section 501 of the federal Internal Revenue Code or in a youth camp accredited by the American Camping Association; or

(14) As an automobile salesperson primarily engaged in the selling of automobiles or trucks if employed by an automobile or truck dealer licensed under chapter 437.

"Employer" includes any individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the State or any political subdivision thereof or the United States.

"Industry" means a trade, business, industry, or branch thereof, or group of industries in which individuals are employed.

"Seasonal pursuit" means one in which it is customary in each year for the volume of employment in such pursuit to be substantially increased during a regularly recurring period or periods of seasonal activity, and in the remainder of the year, owing to climate or other natural conditions, for the volume of employment to be substantially decreased. Periods of seasonal activity shall be considered as "regularly recurring", within the meaning of this paragraph, notwithstanding that such periods may vary from year to year.

"Tipped employee" means any employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips.

"Wage" means (except as the department may provide under section 387-11) legal tender of the United States or checks on banks convertible into cash on demand at full face value thereof as compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation, and, in addition thereto, the reasonable cost, as determined by the department, to the employer of furnishing an employee with board, lodging, or other facilities if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees. Except for the purposes of the last sentence of section 387-2, "wage" shall not include tips or gratuities of any kind.

"Week" or "workweek" means a fixed and regularly recurring period of seven consecutive days. [L Sp 1941, c 66, §2; am L 1943, c 159, §1; RL 1945, §4352; am L 1945, c 15, §1(1); am L 1949, c 292, §1; am L 1951, c 180, §1; am L 1953, c 161, §1; am L 1955, cc 15, 120, §1; RL 1955, §94-2; am L 1957, c 256, §3; am L 1959, c 89, §1 and c 164, §1; am L Sp 1959 2d, c 1, §27; am L 1962, c 15, §2 and c 19, §2; am L 1965, c 67, §1 and c 132, §1(a), (b) , and c 167, §1; HRS §387-1; am L 1969, c 36, §§1, 2 and c 219, §1; am L 1976, c 89, §1; am L 1983, c 44, §1; gen ch 1985; am L 1991, c 264, §1; am L 2002, c 43, §1; am L 2005, c 240, §2; am L 2013, c 248, §3; am L 2024, c 73, §1; am L 2025, c 115, §3]
Haw. Rev. Stat. § 386-25 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-25
Vocational rehabilitation.
Status: in_force

(a) The purposes of vocational rehabilitation are to restore an injured worker's earnings capacity as nearly as possible to that level that the worker was earning at the time of injury and to return the injured worker to suitable gainful employment in the active labor force as quickly as possible in a cost-effective manner. Vocational rehabilitation shall not be available for public employees who have retired from a public employer, as defined in section 76-11, with whom they sustained their work injury.

Employees of public employers, as defined in section 76-11, who are eligible for their respective public employer's return to work program, shall participate in and complete the return to work program, including temporary light duty placement efforts, as a prerequisite to vocational rehabilitation benefits under this section.

(b) The director may refer employees who may have or have suffered permanent disability as a result of work injuries and who, in the director's opinion, can be vocationally rehabilitated to the department of human services or to private providers of rehabilitation services for vocational rehabilitation services that are feasible. A referral shall be made upon recommendation of the rehabilitation unit established under section 386-71.5 and after the employee has been deemed physically able to participate in rehabilitation by the employee's attending physician. The unit shall include appropriate professional staff and shall have the following duties and responsibilities:

(1) To review and approve rehabilitation plans developed by certified providers of rehabilitation services, whether they be private or public;

(2) To adopt rules consistent with this section that shall expedite and facilitate the identification, notification, and referral of industrially injured employees to rehabilitation services, and establish minimum standards for providers providing rehabilitation services under this section;

(3) To certify private and public providers of rehabilitation services meeting the minimum standards established under paragraph (2); and

(4) To enforce the implementation of rehabilitation plans.

(c) Enrollment in a rehabilitation plan or program shall not be mandatory and the approval of a proposed rehabilitation plan or program by the injured employee shall be required. The injured employee may select a certified provider of rehabilitation services. Both the certified provider and the injured employee, within a reasonable time after initiating rehabilitation services, shall give proper notice of selection to the employer.

(d) A provider shall submit an initial evaluation report of the employee to the employer and the director within forty-five days of the date of referral or selection. The evaluation shall determine whether the employee requires vocational rehabilitation services to return to suitable gainful employment, identify the necessary services, and state whether the provider can provide these services. The initial evaluation report shall contain:

(1) An assessment of the employee's:

(A) Current medical status;

(B) Primary disability;

(C) Secondary disability;

(D) Disabilities that are not related to the work injury; and

(E) Physical or psychological limitations or both.

If this information is not provided by the treating physician within a reasonable amount of time, information from another physician shall be accepted;

(2) A job analysis addressing the demands of the employee's employment;

(3) A statement from the provider identifying the employee's vocational handicaps in relation to the employee's ability to:

(A) Return to usual and customary employment; and

(B) Participate in and benefit from a vocational rehabilitation program;

(4) A statement from the provider determining the feasibility of vocational rehabilitation services, including:

(A) The provider's ability to assist the employee in the employee's efforts to return to suitable gainful employment;

(B) An outline of specific vocational rehabilitation services to be provided, justification for the necessity of services, and how the effectiveness of these services is measured; and

(C) How the vocational rehabilitation services directly relate to the employee obtaining suitable gainful employment; and

(5) The enrollment form and the statement of worker's rights and responsibilities form obtained from the department.

(e) A provider shall file the employee's plan with the approval of the employee. Upon receipt of the plan from the provider, an employee shall have ten days to review and sign the plan. The plan shall be submitted to the employer and the employee and be filed with the director within two days from the date of the employee's signature. A plan shall include a statement of the feasibility of the vocational goal, using the process of:

(1) First determining if the employee's usual and customary employment represents suitable gainful employment, and, should it not;

(2) Next determining if modified work or other work with the same employer represents suitable gainful employment, and, should it not;

(3) Next determining if modified or other employment with a different employer represents suitable gainful employment, and finally, should it not;

(4) Then providing training to obtain employment in another occupational field. When training to obtain employment in another occupational field is required, the first appropriate option among the following options shall be selected for the employee:

(A) On-the-job training;

(B) Short-term retraining program (less than fifty-two weeks); or

(C) Long-term retraining program (more than fifty-two weeks); and

(5) Lastly, if training under paragraph (4) is not feasible, then self-employment may be considered.

(f) A plan may be approved by the director; provided the plan includes:

(1) A physician's assessment of the employee's physical limitations, psychological limitations, and ability to return to work. If this information is not provided by the treating physician within a reasonable amount of time, information from another physician shall be accepted;

(2) A labor market survey indicating there are reasonable assurances that the proposed occupation for which the employee is to be placed or trained is readily available in the community when placement begins, or there are assurances of reemployment by the employer;

(3) A job analysis of the proposed occupation, setting forth its duties, responsibilities, physical demands, environmental working conditions, specific qualifications needed for entry-level employment, reasonable accommodations, expected estimated earnings, and other relevant information;

(4) The nature and extent of the vocational rehabilitation services to be provided, including:

(A) Specific services to be provided;

(B) Justification for the necessity of the services;

(C) Estimated time frames for delivery of services;

(D) The manner in which the effectiveness of these services is to be measured;

(E) Criteria for determining successful completion of the vocational rehabilitation plan; and

(F) The employee's responsibilities;

(5) A report of tests and copies thereof that have been administered to the employee, including a statement regarding the need for and use of the tests to identify a vocational goal;

(6) If retraining, including on-the-job training, is found to be necessary, the estimated cost of retraining, a description of specific skills to be learned or knowledge acquired with specific time periods and clearly defined measurements of success, and the nature, amount, and duration of living expenses;

(7) The total cost of the plan; and

(8) The employee's approval of the plan.

(g) The employer shall have ten calendar days from the postmark date on which the plan was mailed to submit in writing to the director any objections to the plan.

(h) The director may approve a plan that does not include all of the requirements outlined in subsection (f); provided that the director finds the plan:

(1) Is in the best interest of the employee;

(2) Contains reasonable assurances that the employee will be placed in suitable gainful employment; and

(3) Has been approved by the employee.

(i) If the plan requires the purchase of any tools, supplies, or equipment, the purchase deadline shall be included in the plan. Tools, supplies, and equipment shall be considered to be the property of the employer until the plan is determined by the director to be successfully completed, after which it shall become the property of the employee. If the plan requires the purchase, etc., the employer shall purchase the items prior to the purchase deadline in the plan.

(j) An employee with an approved plan who is determined as able to return to usual and customary employment may choose to complete the plan or request a new plan of which the goal may be the employee's usual and customary employment.

(k) An injured employee's enrollment in a rehabilitation plan or program shall not affect the employee's entitlement to temporary total disability compensation if the employee earns no wages during the period of enrollment. If the employee receives wages for work performed under the plan or program, the employee shall be entitled to temporary total disability compensation in an amount equal to the difference between the employee's average weekly wages at the time of injury and the wages received under the plan or program, subject to the limitations on weekly benefit rates prescribed in section 386-31(a). The employee shall not be entitled to temporary total disability compensation for any week during this period where the wages equal or exceed the average weekly wages at the time of injury.

(l) The director shall adopt rules for additional living expenses necessitated by the rehabilitation program, together with all reasonable and necessary vocational training.

(m) If the rehabilitation unit determines that vocational rehabilitation is not possible or feasible, it shall certify the determination to the director.

(n) Except as otherwise provided, determinations of the rehabilitation unit shall be final unless a written request for reconsideration is filed with the rehabilitation unit within ten calendar days of the date of the determination.

The rehabilitation unit shall issue a reconsideration determination to affirm, reverse, or modify the determination or refer the request for reconsideration for hearing.

(o) A reconsideration determination shall be final unless a written request for hearing is filed within ten calendar days from the date of the reconsideration determination. All hearings shall be held before a hearings officer designated by the director. A written decision shall be issued in the name of the director.

(p) The eligibility of any injured employee to receive other benefits under this chapter shall in no way be affected by the employee's entrance upon a course of vocational rehabilitation as herein provided.

(q) Vocational rehabilitation services for the purpose of developing a vocational rehabilitation plan may be approved by the director and the director may periodically review progress in each case. [L 1963, c 116, pt of §1; Supp, §97-24; HRS §386-25; am L 1970, c 105, §5; am L 1980, c 224, §2; am L 1985, c 296, §2; gen ch 1985; am L 1987, c 339, §4; am L 1998, c 256, §1; am L Sp 2005, c 11, §4; am L 2010, c 18, §1; am L 2015, c 168, §2; am L 2018, c 188, §1]
Haw. Rev. Stat. § 386-53 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-53
Nonweekly periodic payments.
Status: in_force

On the application of either party, the director may, having due regard for the welfare of the employee or the employee's dependents and the convenience of the employee's employer, authorize benefits to be paid fortnightly, semimonthly, monthly or quarterly instead of weekly.
Haw. Rev. Stat. § 378-74 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-74
Effect on employment and collective bargaining agreements; benefits.
Status: in_force

Nothing in this part shall be construed to supersede any provision of any employment agreement, collective bargaining agreement, or employment benefits program or plan that provides greater benefits or rights than those benefits or rights established under section 378-72.
Haw. Rev. Stat. § 372-8 — HI Code / Division 1 / Title 21 / Chapter 372 / Section 372-8
State-federal cooperation.
Status: in_force

The department may promote the administration of this chapter by accepting and utilizing information, services, and facilities made available to it by the federal Advisory Committee on Apprenticeship; and the department shall cooperate with the federal Advisory Committee on Apprenticeship to the fullest extent consistent with this chapter.
Haw. Rev. Stat. § 386-43 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-43
Duration of dependents' weekly benefits.
Status: in_force

(a) The weekly benefits to dependents shall continue:

(1) To a surviving spouse or reciprocal beneficiary, until death, remarriage, marriage, or entry into a new reciprocal beneficiary relationship with two years' compensation in one sum upon remarriage, marriage, or entry into a new reciprocal beneficiary relationship;

(2) To or for a child:

(A) So long as unmarried, until attainment of the age of eighteen;

(B) So long as unmarried, until attainment of the age of:

(i) Twenty if the child is a full-time student at a high school, business school, technical school; or

(ii) Twenty-two if the child is a full-time undergraduate student at a college;

(C) So long as unmarried, until termination of the child's incapability of self-support; or

(D) Until marriage, except that in the case of a married child under eighteen, weekly benefits shall continue during the period of actual dependency until attainment of the age of eighteen;

(3) To a parent or grandparent, for the duration, whether continuous or not, of the actual dependency, provided that the amount of the weekly benefits shall at no time exceed the amount payable at the time of death; and

(4) To or for a grandchild, brother, or sister, for the period in which that grandchild, brother, or sister remains actually and wholly dependent until attainment of the age of eighteen or termination of the incapability of self-support.

(b) The aggregate weekly benefits payable on account of any one death shall not exceed the product of three hundred twelve times the effective maximum weekly benefit rate prescribed in section 386-31, but this limitation shall not apply with respect to benefits to a surviving spouse or reciprocal beneficiary who is physically or mentally incapable of self-support and unmarried as long as that surviving spouse or reciprocal beneficiary remains in that condition and to benefits to a child and to benefits to an unmarried child over eighteen incapable of self-support as long as that unmarried child is otherwise entitled to compensation.

(c) Upon the cessation under this section of compensation to or for any person, the benefits of the remaining dependents in the same class for any further period during which they are entitled to weekly payments shall be in the amounts which they would have received, had they been the only dependents entitled to benefits at the time of the employee's death. [L 1963, c 116, pt of §1; Supp, §97-42; am L 1966, c 6, §2; am L 1967, c 257, §2; HRS §386-43; am L 1974, c 151, §2 and c 153, §5; am L 1975, c 4, §1; gen ch 1985; am L 1997, c 383, §55; am L 2016, c 55, §14]
Haw. Rev. Stat. § 386-5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-5
Exclusiveness of right to compensation; exception.
Status: in_force

The rights and remedies herein granted to an employee or the employee's dependents on account of a work injury suffered by the employee shall exclude all other liability of the employer to the employee, the employee's legal representative, spouse, dependents, next of kin, or anyone else entitled to recover damages from the employer, at common law or otherwise, on account of the injury, except for sexual harassment or sexual assault and infliction of emotional distress or invasion of privacy related thereto, in which case a civil action may also be brought.
Haw. Rev. Stat. § 386-94 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-94
Attorneys, physicians, other health care providers, and other fees.
Status: in_force

Claims for services shall not be valid unless approved by the director or, if an appeal is had, by the appeals board or court deciding the appeal. Any claim so approved shall be a lien upon the compensation in the manner and to the extent fixed by the director, the appeals board, or the court.

In approving fee requests, the director, appeals board, or court may consider factors such as the attorney's skill and experience in state workers' compensation matters, the amount of time and effort required by the complexity of the case, the novelty and difficulty of issues involved, the amount of fees awarded in similar cases, benefits obtained for the claimant, and the hourly rate customarily awarded attorneys possessing similar skills and experience. In all cases, reasonable attorney's fees shall be awarded.

Any person who receives any fee, other consideration, or gratuity on account of services so rendered, without approval, in conformity with the preceding paragraph, shall be fined by the director no more than $25,000. [L 1963, c 116, pt of §1; Supp, §97-103; HRS §386-94; am L 1985, c 296, §6; am L 1988, c 37, §2; am L 1993, c 301, §1; am L Sp 2005, c 11, §9; am L 2020, c 44, §7]
Haw. Rev. Stat. § 388-5.5 — HI Code / Division 1 / Title 21 / Chapter 388 / Section 388-5.5
Payment of wages by check or electronic transfer.
Status: in_force

Whenever an employee receives the employee's wages from the employee's employer in the form of a check or electronic transfer for which insufficient amounts are available in the bank account of the employer, the employer shall be liable for any bank's special handling fee which the employee may incur by reason of negotiating the check or the electronic transfer.
Haw. Rev. Stat. § 383-121.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-121.5
Renumbered as §383-127.
Status: in_force

§383-121.5 Renumbered as §383-127.
Haw. Rev. Stat. § 387-12 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-12
Penalties; collection of unpaid wages; injunctions; etc.
Status: in_force

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

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

(2) For a penalty of not less than $500 or $100 for each violation, whichever is greater. The penalty shall be deposited into the labor law enforcement special fund under section 371-12.5.

(b) Criminal.

(1) Any person divulging information in violation of section 387-8;

(2) Any employer who wilfully violates this chapter or any rule, regulation, or order issued under the authority of this chapter; or

(3) Any employer or the employer's agent or any officer or agent of a corporation who discharges or in any other manner discriminates against any employee because the employee has made a complaint to the employee's employer, to the director, or to any other person that the employee has not been paid wages in accordance with this chapter, or has instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any proceedings,

shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $500 nor more than $5,000, or by imprisonment for a period not to exceed one year, or by both fine and imprisonment; and

(4) Any employer or the employer's agent or any officer or agent of a corporation who pays or agrees to pay any employee compensation less than that which the employee is entitled to under this chapter, shall be guilty of a class C felony and, notwithstanding section 706-640, be subject to a fine of not less than $500 per offense; provided that each violation shall be deemed a separate offense.

(c) Collection suits; attorney's fee; assignments; relief from costs. Action to recover the liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves and other employees similarly situated, or the employee or employees may designate an agent or representative to maintain action for and in behalf of all employees similarly situated. The court in the action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, in the event the plaintiff or plaintiffs prevail, allow a reasonable attorney's fee to be paid by the defendant and costs of the action. At the request of any person paid less than the amount to which the person is entitled under this chapter, the director may take an assignment in trust for the assigning employee of the full amount to which the employee is entitled under this subsection and may bring any legal or administrative action necessary to collect the claim, and the employer shall be required to pay the costs and reasonable attorneys' fees as may be allowed by the court or administrative agency in the event the director prevails. The director shall not be required to pay the filing fee or other costs in connection with the action, including the opposing party's attorney's fees and costs. The director, in case of suit, may join various claimants against the same employer in one cause of action. The right provided by this subsection to bring an action by or on behalf of any employee, and the right of any employee to become a party plaintiff to the action, shall terminate upon the filing of a complaint or commencement of an administrative proceeding by the director in an action in which restraint is sought of any further delay in the payment of unpaid minimum wages, or the amount of unpaid overtime compensation owing to the employee under section 387-2 or 387-3 by an employer liable therefor under this section.

(d) Injunctions.

(1) Whenever it appears to the director that any employer is engaged in any act or practice that constitutes or will constitute a violation of this chapter, or of any regulation, the director may, at the director's discretion, bring an action in the circuit court of the circuit in which the act or practice complained of occurred to enjoin the act or practice and to enforce compliance with this chapter or with the regulation, and upon a proper showing, a permanent or temporary injunction or decree or restraining order shall be granted without bond.

(2) The circuit courts shall have jurisdiction, for cause shown, to restrain any withholding of payment of minimum wages or overtime compensation found by the court to be due to employees under section 387-2 or 387-3.

(e) Restitution of illegal deductions; effect of. Whenever in the course of an inspection made for the purposes of this chapter it is determined that there has been an illegal deduction of wages under chapter 388, the director or the director's authorized representative may secure restitution of the deductions. If the restitution is made, no prosecution under chapter 388 shall be instituted or maintained. [L Sp 1941, c 66, §10; am L 1943, c 159, §4; RL 1945, §4363; am L 1945, c 15, §1(3), (4); RL 1955, §94-13; am L 1963, c 49, §§1, 2 and c 158, §2; am L 1965, c 132, §1(e); HRS §387-12; gen ch 1985; am L 1999, c 251, §3; am L 2020, c 44, §11; am L 2022, c 300, §2; am L 2025, c 115, §4]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (a), (1) to (4) reformatted as paragraphs (1) to (4);

(2) Subsection (a)(1) and (a)(2), "or" deleted and punctuation changed;

(3) Subsection (a)(3), punctuation changed; and

(4) Subsection (d), (1) and (2) reformatted as paragraphs (1) and (2).
Haw. Rev. Stat. § 385-13 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-13
Administration; other sections applicable.
Status: in_force

For the purposes of this chapter, sections 383-91, 383-92, 383-95, 383-96, and 383-98 to 383-103 shall apply, mutatis mutandis, to the administration of this chapter.
Haw. Rev. Stat. § 394-1 — HI Code / Division 1 / Title 21 / Chapter 394 / Section 394-1
Purpose.
Status: in_force

The purpose of this chapter is to establish manpower development and training programs in the State of Hawaii and to determine the extent to which the employment needs of individuals can be met by either job training or a public service job or a combination of both.
Haw. Rev. Stat. § 383-23 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-23
Weekly benefit for unemployment.
Status: in_force

For weeks beginning prior to January 5, 1992, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages (if any) payable to the individual with respect to that week which is in excess of $2. Effective for weeks beginning January 5, 1992, and thereafter, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages (if any) payable to the individual with respect to that week which is in excess of $50. Effective for weeks beginning January 1, 2008, and thereafter, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages, if any, payable to the individual with respect to that week which is in excess of $150. The benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1.
Haw. Rev. Stat. § 383-43 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-43
Payment of benefits.
Status: in_force

Benefits shall be paid promptly in accordance with a determination, redetermination, or decision on appeal. No injunction, supersedeas, or stay suspending the payment of benefits in accordance with the determination, redetermination, or decision on appeal shall be issued by any court, but if the decision is finally reversed, benefits shall not be paid for any subsequent weeks of unemployment involved in such reversal.
Haw. Rev. Stat. § 385-1 — HI Code / Division 1 / Title 21 / Chapter 385 / Section 385-1
Additional unemployment compensation benefits; payable when.
Status: in_force

The additional unemployment benefits provided for in this chapter shall be authorized when a disaster, either natural or manmade, has struck the State, or any county thereof causing damage to a substantial number of persons and families so as to require assistance from the State, and an unemployment problem has been created thereby.

Upon the occurrence of the disaster, the governor may provide additional unemployment benefits in the appropriate county or counties as provided for in this chapter. The additional benefits shall be operative upon the issuance by the governor of a proclamation specifically invoking this chapter and identifying the county or counties which have been affected and in which provision for additional unemployment benefits shall be made operative. [L 1961, c 157, pt of §1; Supp, §93B-2; HRS §385-1; am L 1972, c 47, §1]
Haw. Rev. Stat. § 393-18 — HI Code / Division 1 / Title 21 / Chapter 393 / Section 393-18
Termination of exemption.
Status: in_force

(a) If an exemption which has been claimed by an employee pursuant to section 393-17 terminates because of any change in the circumstances entitling the employee to claim such exemption, the employee shall promptly notify the principal employer of the termination of the exemption and the employer thereupon shall provide coverage as required by this chapter.

(b) If because of a change in the employment situation of an employee or a redetermination by an employee as provided in section 393-6, a principal employer becomes a secondary employer or a secondary employer becomes the principal employer, the employee shall promptly notify the employers affected of such change and the new principal employer shall provide coverage as required by this chapter. [L 1974, c 210, pt of §1]
Haw. Rev. Stat. § 383-142 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-142
Employing units.
Status: in_force

Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled thereto, or to avoid becoming or remaining a subject employer or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or under the unemployment compensation law of any state or of the federal government, or who wilfully fails or refuses to make any such contributions or other payment or to furnish any reports required hereunder or to produce or permit the inspection or copying of records as required hereunder, or who wilfully fails to establish, maintain, or preserve records of all individuals in the employer's employ that show the total amount of wages paid for each pay-period to each individual while in the employer's employ, or who wilfully fails to establish, maintain, or preserve any other record, as required by this chapter or any rule or regulation adopted hereunder, shall be charged with a misdemeanor, and subject to a fine of not more than $10,000; and each false statement or representation or failure to disclose a material fact, or failure to establish, maintain, or preserve records, and each day of such a failure or refusal shall constitute a separate offense.
Haw. Rev. Stat. § 386-213 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-213
Rules.
Status: in_force

The insurance commissioner shall adopt rules in accordance with chapter 91 for the purposes of this chapter.
Haw. Rev. Stat. § 378-73 — HI Code / Division 1 / Title 21 / Chapter 378 / Section 378-73
Relationship to other leaves.
Status: in_force

If an employee is entitled to take paid or unpaid leave pursuant to other federal, state, or county law, or pursuant to an employment agreement, a collective bargaining agreement, or an employment benefits program or plan, which may be used for the purposes listed under section 378-72(a), the employee shall exhaust such other paid and unpaid leave benefits before victim leave benefits under this chapter may be applied. The combination of such other paid or unpaid leave benefits that may be applied and victim leave benefits shall not exceed the maximum number of days specified under section 378-72(a).
Haw. Rev. Stat. § 397-1 — HI Code / Division 1 / Title 21 / Chapter 397 / Section 397-1
Short title.
Status: in_force

This chapter shall be known as the "Boiler and Elevator Safety Law".
Haw. Rev. Stat. § 381-2 — HI Code / Division 1 / Title 21 / Chapter 381 / Section 381-2
Duty to avoid lockouts and strikes by collective bargaining.
Status: in_force

In order to avoid any interruption of public utility service to users, consumers, or the public, any public utility and its employees and their respective representatives shall use the processes of conference and collective bargaining in the settlement of all disputes between the public utility and the employees thereof, without resort to lockout or strike.
Haw. Rev. Stat. § 386A-4 — HI Code / Division 1 / Title 21 / Chapter 386A / Section 386A-4
Number, appointment, term.
Status: in_force

(a) The board shall be composed of five directors, whose term of office shall be five years, and each director shall hold office until the appointment and qualification of the director's successor.

(b) The terms of the first five directors, who shall be appointed by the governor, upon the fund becoming operational as provided in section 386A-12, shall expire as follows:

(1) One for one year;

(2) One for two years;

(3) One for three years;

(4) One for four years; and

(5) One for five years.

Thereafter, each director shall be appointed for a term of five years.

Upon the payment in full of the loan from the State and all interest thereon, the unexpired terms of the appointed directors shall expire, and the fund's policyholders shall be entitled to elect all of the directors. Any other law to the contrary notwithstanding, the selection and composition of the board of directors as provided in this section shall be deemed adequate to qualify the fund as a mutual insurer under chapter 431.

(c) A vacancy on the board shall be filled by appointment of the governor in the case of vacancies in positions formerly occupied by the governor's appointee, or by election by the fund's policyholders in the case of positions formerly occupied by a director elected by the fund's policyholders. The person appointed to fill a vacancy shall serve for the remainder of the term of the person's predecessor.

(d) Each director shall receive necessary traveling and board expenses incurred in the performance of duty as a director and a fee of $100 for each day of actual attendance at board meetings, but not to exceed $500 a month.

(e) Within one year after appointment, each director shall be a policyholder or an employee of a policyholder of the fund and shall continue in such status during the director's term of office.

No person who has any interest as a stockholder, employee, attorney, or contractor of a competing insurance carrier shall be a director.

(f) The board shall determine the content and sale of workers' compensation insurance policies.

(g) The board shall discharge its duties:

(1) In accordance with the fund's purpose;

(2) With the care, skill, prudence, and diligence under the circumstances that a prudent director, acting in a like capacity and familiar with such matters would use in conducting a similar enterprise and purpose;

(3) By diversifying the fund's investments to minimize the risk of losses, unless it is prudent not to do so;

(4) In accordance with governing legal documents;

(5) By having an annual audit of the fund by an independent certified public accountant and by making copies of such audit available to the governor and the state legislature;

(6) By securing fidelity bonds for the directors and in its discretion for other agents dealing with the fund's assets at the fund's expense;

(7) By purchasing liability insurance for errors and omissions for the board, each director, and any other fiduciary employed or contracted by the fund to cover liability or losses caused by the act or omission of a fiduciary;

(8) By maintaining proper books of accounts and records of the fund's administration;

(9) By carrying out the reporting and disclosure requirements required by law; and

(10) By determining an actuarially responsible schedule of premium rates with consideration of the fund's investment income or refunds, or both, to policyholders.

(h) Except as otherwise provided by law, the fund may:

(1) Transact workers' compensation insurance policies required or authorized by state law to the same extent as any other insurer.

(A) The fund may insure Hawaii employers against their liability for compensation or damages for injury or death under the United States Longshoremen's and Harbor Workers' Compensation Act or other federal or maritime laws like any other private insurer;

(B) The fund may insure an out-of-state employer against its liability for damages under the State's law for bodily injury or death occurring within the State of Hawaii if the fund also sold workers' compensation insurance to the employer as an in-state employer;

(2) Allocate fiduciary responsibilities among the directors and designate other persons to carry out fiduciary responsibilities;

(3) Collect, receive, hold, and disburse all money payable to or by the fund;

(4) Deposit the fund's money in banks or depositories selected by the board. Withdrawals from such banks or depositories shall be made or authorized only upon the signatures of at least two persons approved by the board;

(5) Pay money from the fund to effectuate the fund's purpose and administration, including costs incurred to establish the fund;

(6) Employ persons to administer the fund, including, but not limited to, legal counsel, accountants, insurance consultants, administrators, actuaries, investment managers, adjustors, and any other expert and clerical employees and pay compensation and expenses in connection therewith, without the restrictions or requirements affecting public officers and employees under title 7;

(7) By August1, 1986, appoint an administrator, establish an administration office, and secure real and personal property to maintain such office to administer the fund;

(8) Provide for the fund's administration, jointly, with other similar funds or similar purposes, to reduce expenses of administration;

(9) Select the department of budget and finance or other organization to serve as custodial trustee to collect, receive, hold, or disburse money payable to or by the fund;

(10) Invest the fund's principal and income without distinction between principal and income and keep the fund's assets invested in real or personal property or other securities. The board may retain cash temporarily awaiting investment or to meet contemplated payments without liability for interest thereon.

The board may manage the fund's assets, except to the extent that such authority to manage the fund's assets is delegated to other qualified investment managers.

The board may appoint investment managers to manage, acquire, or dispose of any of the fund's assets. An investment manager may be designated as an "investment agent".

An investment manager is any fiduciary, who has been designated by the board to manage, acquire, or dispose of the fund's assets, a bank as defined by law, or an insurance company qualified to perform services under laws of more than one state. Such investment manager shall acknowledge in writing that it is a fiduciary under the fund.

The board may, but not by way of limitation:

(A) Sell the fund's securities. No purchaser of the fund's securities is bound to see to the application of the purchase money or inquire as to the validity of such sale;

(B) Vote in behalf of any stocks, bonds, or securities of any corporation or issuer held in the fund or request any action to such corporation or issuer. The board may give general or special proxies or powers of attorney with or without powers of substitution;

(C) Participate in reorganizations, recapitalizations, consolidations, mergers, and similar transactions for stocks, bonds, or other securities of any corporation which are held in the fund and may accept and retain any property received thereunder for the fund. The board may exercise any subscription rights and conversion privileges for the fund's stocks or securities;

(D) Compromise, compound, and settle any debt or obligation due to or from the fund. The board may reduce the amount of principal and interest, damages, and costs of collection in settling such debts;

(E) Cause securities held by it to be registered in its own name or in the name of a nominee without indicating that such securities are held in the fiduciary capacity and to hold any securities in bearer form. The fund's records, however, shall show that such investments are part of the fund;

(F) In order to expedite the purchase and sale of securities, the board may delegate their investment powers to investment managers of the fund. The purchase or sale of any securities by such managers shall be in the name selected by the board. The authority of such managers to purchase or sell such securities for the fund shall be evidenced by written authority executed by the fund's administrator. The board shall require such managers to keep them currently informed as to the nature and amount of the investments made for the fund by them. The board may enter into appropriate agreements with such managers setting forth their investment powers and limitations. The board may terminate the services of such managers. Such managers shall be subject to the board's instructions;

(11) Borrow money from any source and secure repayment thereof by pledging any of the fund's assets;

(12) Buy, sell, exchange, lease, convey, and otherwise acquire or dispose of any real or personal property under proper terms and sign and deliver any necessary instrument of conveyances or transfer, or both, in connection therewith;

(13) Enter into any agreement to carry out this chapter and to administer the fund;

(14) Pay taxes or assessments assessed against the fund;

(15) Require any employer or policyholder or any employee to furnish the board with such information necessary for the fund's administration;

(16) Delegate its authority to the administrator or any authorized representative to maintain any legal proceedings necessary to protect the fund or the directors or to secure payment due to the fund. In connection therewith the board or the administrator or their representative may compromise, settle, or release claims on behalf of or against the fund or the board;

(17) Promote safety programs to employer clients, including, but not limited to, the following activities:

(A) Analysis of reports of industrial accidents of employer clients to help determine the cause of these accidents;

(B) Conduct of studies for the purpose of risk and hazard identification and assessment by safety and medical professionals;

(C) Conduct of educational programs designed to prevent frequently recurring industrial accidents; and

(D) Inspection of work sites and investigation of unsafe working conditions to promote job safety and elimination of hazards;

(18) Provide the terms and conditions of an insurance policy;

(19) Provide that any written instrument be executed for the fund by the administrator or the administrator's agent;

(20) Pay for reasonable expenses to educate the directors and fund personnel, including but not limited to traveling, room and board, and tuition expenses. [L 1985, c 296, pt of §11; am L 1989, c 277, §§5, 6]

Revision Note

In subsection (h)(1)(B), (2) to (9), (10)(A) to (F), (11) to (16), (17)(D), and (18) to (19), punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 387-18 — HI Code / Division 1 / Title 21 / Chapter 387 / Section 387-18
Enforcement of the order of wage payment violation.
Status: in_force

The director may file a certified copy of the final order of wage payment violation in any court of competent jurisdiction in the jurisdiction in which the employer does business. The court shall render a judgment in accordance with the final order of wage payment violation and notify the parties of the judgment. The judgment shall have the same effect, and all proceedings in relation to the judgment shall be the same, as though the judgment had been rendered in an action duly heard and determined by the court; provided that there shall be no appeal from the judgment.
Haw. Rev. Stat. § 383-163 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-163
No assignment of benefits; waiver.
Status: in_force

No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid and the right to benefits shall not be subject to levy, execution, attachment, garnishment, or any other remedy for the collection of debt. No waiver of this section shall be valid, except that this section shall not apply to:

(1) Section 383-163.5 with respect to the withholding and deduction of benefits for the payment of child support obligations;

(2) Section 383-163.6 with respect to the voluntary withholding and deduction of benefits for payment of federal and state income taxes; and

(3) Section 383-163.7 with respect to the withholding and deduction of benefits for repayment of uncollected overissuances of food stamp coupons. [L 1939, c 219, §13(c); am L 1941, c 304, §1, pt of subs 35; RL 1945, §4287; RL 1955, §93-152; HRS §383-163; am L 1982, c 58, §9; am L 1997, c 172, §5]
Haw. Rev. Stat. § 394B-12 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-12
Civil penalties.
Status: in_force

Except as provided in section 394B‑9(b), any employer who fails to conform to the provisions of this chapter shall be liable to each of the employees affected in an amount equal to the value of all their wages, benefits, and other compensation for the three months preceding the closure, partial closure, or relocation of the covered establishment.
Haw. Rev. Stat. § 386-96 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-96
Reports of physicians, surgeons, and hospitals.
Status: in_force

(a) Any physician, surgeon, or hospital that has given any treatment or rendered any service to an injured employee shall make a report of the injury and treatment on forms prescribed by and to be obtained from the department as follows:

(1) Within seven days after the date of first attendance or service rendered, an initial report shall be made to the department and to the employer of the injured employee in the manner prescribed by the department;

(2) Interim reports to the same parties and in the same manner as prescribed in paragraph (1) shall be made at appropriate intervals to verify the claimant's current diagnosis and prognosis, that the information as to the nature of the examinations and treatments performed is complete, including the dates of those treatments and the results obtained within the current reporting period, the execution of all tests performed within the current reporting period and the results of the tests, whether the injured employee is improving, worsening, or if "medical stabilization" has been reached, the dates of disability, any work restrictions, and the return to work date. When an injured employee is returned to full-time, regular, light, part-time, or restricted work, the attending physician shall submit a report to the employer within seven calendar days indicating the date of release to work or medical stabilization; and

(3) A final report to the same parties and in the same manner as prescribed in paragraph (1) shall be made within seven days after termination of treatment.

No physician, surgeon, or hospital that has given any treatment or rendered any service to an injured employee shall be required to provide any additional reports not otherwise mandated by this section.

(b) No claim under this chapter for medical treatment, surgical treatment, or hospital services and supplies, shall be valid and enforceable unless the reports are made as provided in this section, except that the director may excuse the failure to make the report within the prescribed period or a nonsubmission of the report when the director finds it in the best interest of justice to do so. If the director does not excuse the submission of:

(1) An initial or interim report within the time prescribed in subsection (a)(1) and (2); or

(2) A final report that is thirty days late or a nonsubmission,

the delinquent physician shall be fined not more than $500.

(c) The director shall furnish to the injured employee a copy of the final report of the attending physician or surgeon or, if more than one physician or surgeon should treat or examine the employee, a copy of the final report of each physician or surgeon.

(d) Within fifteen days after being requested to do so by the injured employee or the employee's duly authorized representative, the employer shall furnish the employee or the employee's duly authorized representative with copies of all medical reports relating to the employee's injury that are in the possession of the employer. The copies shall be furnished at the expense of the employer. The employer shall allow the employee or the employee's duly authorized representative to inspect and copy transcripts of depositions of medical witnesses, relating to the employee's injury, in the possession of the employer. Any employer who fails to furnish medical reports or to allow inspection and copying of transcripts of depositions of medical witnesses, as required by this subsection, shall be fined in an amount not to exceed $5,000.

(e) Deposit of the records required by subsection (a)(1) in the United States mail or by electronic means as approved by the director, addressed to the director and to the employer, within the time limit specified, shall be deemed in compliance with the requirements of this section. [L 1963, c 116, pt of §1; Supp, §97-111; am L 1966, c 7, §3; HRS §386-96; am L 1969, c 31, §1; am L 1972, c 13, §1 and c 60, §1; am L 1973, c 12, §1; gen ch 1985; am L 1988, c 37, §4; am L 1995, c 234, §15; am L Sp 2005, c 11, §10; am L 2016, c 187, §3]
Haw. Rev. Stat. § 394B-7 — HI Code / Division 1 / Title 21 / Chapter 394B / Section 394B-7
Labor organization consultation.
Status: in_force

Any activity under this chapter which provides service to a substantial number of members of a labor organization shall be conducted only after full consultation with the appropriate labor organization.
Haw. Rev. Stat. § 383-98 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-98
Referee.
Status: in_force

(a) In accordance with section 383-91(b), the director of labor and industrial relations shall appoint one or more referees.

(b) Subject to sections 383-125 and 383-126, each referee shall receive a salary as fixed by law, and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the referee's duties, such salary and expenses to be paid out of the employment security administration fund.

(c) Section 601-7 relating to disqualification of judges shall be equally applicable to each referee and any substitute referee.

(d) In accordance with section 383-91(b), the director may appoint one or more substitute referees to serve[:]

(1) During any temporary absence of a referee from the referee's duties;

(2) In the event a referee is disqualified to hear any appeal;

(3) In the event of vacancy in the office of referee; or

(4) If, for any reason, the director finds that the services of substitute referees are necessary for prompt and expeditious handling of appeals.

Any substitute referee, while so serving, shall have all the powers and duties of a referee and shall receive compensation for the substitute referee's services at the daily rate provided at step G of the salary range of full-time referees under the classified service for each day's actual attendance upon the substitute referee's duties and shall also be paid such reasonable traveling and other expenses as may be incurred in the discharge of the substitute referee's duties, the compensation and expenses to be paid out of the employment security administration fund. Substitute referees shall not be entitled to longevity step increases. In case any appeal shall be referred to a substitute referee for hearing, the substitute referee shall retain jurisdiction of the appeal so referred to the substitute referee, notwithstanding that the regular referee may become available, unless the reference of the appeal to the substitute referee shall be revoked by the director. The final decisions of a referee and the principles of law declared by the referee in arriving at such decisions, unless expressly or impliedly overruled by a later decision of a court of competent jurisdiction or of a referee, shall be binding upon any substitute referee in proceedings which involve similar questions of law. [L 1941, c 304, §1, pt of subs 32; RL 1945, §4277; am L 1953, c 41, §1(11); RL 1955, §93-97; am L 1961, c 108, §1; am L 1963, c 174, §5; HRS §383-98; am L 1972, c 157, §1; am L 1976, c 126, §1; gen ch 1985]

Revision Note

Pursuant to §23G-15, in:

(1) Subsection (c), section "601-7" substituted for "601-16"; and

(2) Subsection (d), (1) to (4) reformatted as paragraphs (1) to (4) and punctuation changed.
Haw. Rev. Stat. § 383-61.5 — HI Code / Division 1 / Title 21 / Chapter 383 / Section 383-61.5
Special assessments on employers to pay interest on loans from Secretary of Labor.
Status: in_force

Whenever the State requests a loan from the Secretary of Labor in accordance with title XII of the Social Security Act to pay expected benefit claims during a specified period of time, the director may assess all employers the amounts that are sufficient to pay the principal and interest costs on the loan; provided that the director develops a mechanism of distributing these payments among employers in a fair and equitable manner.
Haw. Rev. Stat. § 386-8.5 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-8.5
Limits of third party liability.
Status: in_force

(a) Notwithstanding section 386-8 and any other law to the contrary, when a work injury for which compensation is payable under this chapter has been sustained, the discussion or furnishing of, or failure to discuss or furnish, or failure to enforce any safety, health, or personal conduct provision to protect employees against work injuries, in any collective bargaining agreement or in negotiations thereon, shall not subject a labor organization representing the injured employee to any civil liability for the injury.

(b) As used in this section:

"Health provision" includes but is not limited to health inspections and advisory services.

"Labor organization" means any organization that exists and is constituted for the purposes, in whole or in part, of collective bargaining or dealing with employers, concerning grievances, terms, or conditions of employment, or of other mutual aid or protection, and includes both private industry and public employment labor organizations.

"Personal conduct provision" includes but is not limited to contractual language covering sexual harassment or assault and related infliction of emotional distress or invasion of privacy.

"Safety provision" includes but is not limited to safety inspections and advisory services.

(c) No construction design professional who is retained to perform professional services on a construction project or any employee of a construction design professional who is assisting or representing the construction design professional in the performance of professional services on the site of the construction project shall be liable for any injury on the construction project resulting from the employer's failure to comply with safety standards on the construction project for which compensation is recoverable under this chapter unless the responsibility for the compliance of safety practices is specifically assumed by contract or by other conduct of the construction design professional or any employee of the construction design professional who is assisting or representing the construction design professional in the performance of professional services on the site of the construction project. The limitation of liability provided by this subsection to any construction design professional shall not apply to the negligent preparation of design plans or specifications. [L 1980, c 100, §2; am L 1989, c 300, §3; am L 1992, c 275, §3; am L 2016, c 55, §12]
Haw. Rev. Stat. § 386-24 — HI Code / Division 1 / Title 21 / Chapter 386 / Section 386-24
Medical rehabilitation.
Status: in_force

The medical services and supplies to which an employee suffering a work injury is entitled shall include such services, aids, appliances, apparatus, and supplies as are reasonably needed for the employee's greatest possible medical rehabilitation. The director of labor and industrial relations, on competent medical advice, shall determine the need for or sufficiency of medical rehabilitation services furnished or to be furnished to the employee and may order any needed change of physician, hospital or rehabilitation facility.