reglab/housing_qa huggingface dataset:
HI Rev Stat § 378-51 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-51 Action against labor organization, limitation.

  §378-51 Action against labor organization, limitation. Any complaint, whether founded upon any contract obligation or for the recovery of damage or injury to persons or property, by an employee against a labor organization for its alleged failure to fairly represent the employee in an action against an employer shall be filed within ninety days after the cause of action accrues, and not thereafter.  Where the alleged failure to fairly represent an employee arises from a grievance, the cause of action shall be deemed to accrue when an employee receives actual notice that a labor organization either refuses or has ceased to represent the employee in a grievance against an employer. Where the alleged failure is related to negotiations or collective bargaining, the cause of action shall be deemed to accrue when the applicable collective bargaining agreement or amendment thereto is executed. [L 1980, c 35, §1] Case Notes  Employee's claim that union failed to provide fair and adequate representation was time-barred. 779 F. Supp. 1265 (1991).
HI Rev Stat § 378-63 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-63 Civil actions for injunctive relief or damages.

  §378-63 Civil actions for injunctive relief or damages. (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.  (b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business.  (c) As used in subsection (a), "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney fees. [L 1987, c 267, pt of §1; am L 2002, c 56, §3] Case Notes  Plaintiff's state whistleblower claim under §378-62 barred, where plaintiff did not file complaint until well after the ninety-day period after the most recent alleged violation of the whistleblowers' protection act. 75 F. Supp. 2d 1113 (1999).  Count of complaint alleging that plaintiff was wrongfully discharged in violation of 31 U.S.C. §3730(h) of the False Claims Act was time-barred, where the court found that the Hawaii Whistleblowers' Protection Act provided the state cause of action most closely analogous to a 31 U.S.C. §3730(h) claim for retaliatory discharge, and thus applied a ninety-day statute of limitations to plaintiff's claim for retaliatory discharge. 362 F. Supp. 2d 1203 (2005).  Plaintiff's Whistleblowers' Protection Act claim was time-barred, where plaintiff took more than two years after the date of the last adverse action that plaintiff identified as relevant to the lawsuit to file suit. 938 F. Supp. 2d 1000 (2013).
HI Rev Stat § 378-64 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-64 Remedies ordered by court.

  §378-64 Remedies ordered by court. A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate. [L 1987, c 267, pt of §1; am L 2011, c 166, §6]
HI Rev Stat § 378-65 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-65 Penalties for violations

  §378-65 Penalties for violations. (a) A person or public employer who violates this part shall be fined no less than $750 nor more than $7,500 for each violation.  (b) A civil fine that is ordered pursuant to this part shall be deposited with the director of finance to the credit of the general fund of the State. [L 1987, c 267, pt of §1; am L 2002, c 56, §4; am L 2011, c 166, §7; am L 2020, c 44, §3]
HI Rev Stat § 378-66 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-66 Collective bargaining and confidentiality rights, takes precedence.

  §378-66 Collective bargaining and confidentiality rights, takes precedence. (a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.  (b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this subpart. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this subpart, the provisions of this subpart shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements. [L 1987, c 267, pt of §1; am L 2011, c 166, §8]
HI Rev Stat § 378-67 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-67 Compensation for employee participation in investigation, hearing, or inquiry.

  §378-67 Compensation for employee participation in investigation, hearing, or inquiry. This subpart shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with section 378-62 of this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §9]
HI Rev Stat § 378-68 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-68 Notices of employee protections and obligations.

  §378-68 Notices of employee protections and obligations. An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §10] Cross References  Employee protection, see §128D-15.
HI Rev Stat § 378-69 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-69 Conflict with common law, precedence.

  §378-69 Conflict with common law, precedence. The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a conflict between the terms and provisions of this part and any other law on the subject the more beneficial provisions favoring the employee shall prevail. [L 1987, c 267, pt of §1] Case Notes  Mentioned: 654 F. Supp. 2d 1122 (2008).
HI Rev Stat § 378-70 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-70 Protected disclosure by a public employee.

  §378-70 Protected disclosure by a public employee. (a) In addition to any other protections under this part, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee regarding the public employee's compensation, terms, conditions, location, or privileges of employment because the public employee, or a person acting on behalf of the public employee, reports or is about to report to the public employer or a public body, verbally or in writing:  (1) Any violation or suspected violation of a federal, state, or county law, rule, ordinance, or regulation; or  (2) Any violation or suspected violation of 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.  (b) Every public employer shall post notices pertaining to the application of sections 378-70 and 396-8(e), as shall be prescribed by the department of labor and industrial relations, in conspicuous places in every workplace. [L 2011, c 166, §4] Case Notes  Although plaintiff, a vocational rehabilitation specialist with the department of human services, argued that the state legislature specifically intended to consent to federal jurisdiction in whistleblower cases involving public employees when it enacted this section, the court found that nothing in its plain language, or elsewhere in the state Whistleblowers' Protection Act, demonstrated the State's express consent to federal suit. Rather, this section expanded whistleblower protections to public employees by providing greater avenues to state court. 349 F. Supp. 3d 1019 (2018).
HI Rev Stat § 378-71 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-71 Definitions.

Note Part heading amended by L 2011, c 206, §3(1). [A.] General Provisions Note Section 378-71 designated as Subpart A by L 2011, c 206, §3(2).  §378-71 Definitions. As used in this part:  "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee.  "Course of conduct" means acts over any period of time of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications or threats implied by conduct.  "Domestic abuse" means conduct defined in section 586-1.  "Domestic or sexual violence" means domestic abuse, sexual assault, or stalking.  "Electronic communications" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager.  "Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter.  "Health care provider" means a physician as defined under section 386-1.  "Sexual assault" means any conduct proscribed by chapter 707, part V.  "Stalking" means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, sexual assault, or death to the person or to the person's spouse, parent, child, or any other person who regularly resides in the person's household, and where the conduct does cause the targeted person to have such distress or fear.  "Victim services organization" includes:  (1) A nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center;  (2) An organization operating a shelter or providing professional counseling services; or  (3) An organization providing assistance through the legal process. [L 2003, c 60, pt of §2]
HI Rev Stat § 378-73 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-73 Relationship to other leaves.

 §378-73 Relationship to other leaves. 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). [L 2003, c 60, pt of §2]
HI Rev Stat § 378-74 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-74 Effect on employment and collective bargaining agreements; benefits.

  §378-74 Effect on employment and collective bargaining agreements; benefits. 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. [L 2003, c 60, pt of §2]
HI Rev Stat § 378-81 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-81 Reasonable accommodations.

  §378-81 Reasonable accommodations. [(a)] An employer shall make reasonable accommodations in the workplace for an employee who is a victim of domestic or sexual violence, including:  (1) Changing the contact information, such as telephone numbers, fax numbers, or electronic-mail addresses, of the employee;  (2) Screening the telephone calls of the employee;  (3) Restructuring the job functions of the employee;  (4) Changing the work location of the employee;  (5) Installing locks and other security devices; and  (6) Allowing the employee to work flexible hours; provided that an employer shall not be required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer.  (b) Prior to making the reasonable accommodations under this section, an employer may verify that an employee is a victim of domestic or sexual violence as provided in section 378-2(b).  (c) As used in this section, "undue hardship" means an action requiring significant difficulty or expense on the operation of an employer, when considered in light of the following factors:  (1) The nature and cost of the reasonable accommodation needed under this section;  (2) The overall financial resources of the employer; the number of employees of the employer; and the number, type, and placement of the work locations of an employer; and  (3) The type of operation of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness of the victim's work location from the employer, and the administrative or fiscal relationship of the work location to the employer. [L 2011, c 206, pt of §3(4)]
HI Rev Stat § 378-82 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-82 Civil actions.

 §378-82 Civil actions. Any employee denied reasonable accommodations by an employer in violation of this subpart may file a civil action against the employer to enforce this subpart and recover costs, including reasonable attorney's fees, incurred in the civil action. [L 2011, c 206, pt of §3(4)]
HI Rev Stat § 378-91 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-91 Definitions.

Cross References Breastfeeding in public accommodations, see § §489-21 to 489-23.   §378-91 Definitions. As used in this part:  "Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes an individual employed by the State or a political subdivision of the State.  "Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof, but does not include the United States. [L 2013, c 249, pt of §2]
HI Rev Stat § 378-92 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-92 Opportunity to express milk.

  §378-92 Opportunity to express milk. (a) An employer shall provide:  (1) Reasonable break time for an employee to express milk for the employee's nursing child for one year after the child's birth each time the employee has a need to express breast milk; and  (2) A location, other than the restroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by an employee to express breast milk.  (b) Every employer covered by this section shall post a notice in a conspicuous place accessible to employees and use other appropriate means to keep the employer's employees informed of the protections and obligations under this part.  (c) Subsection (a) shall not apply to any employer who has fewer than twenty employees if the employer can show that the requirements under subsection (a) would impose an undue hardship by causing the employer significant difficulty or expense in relation to the size, financial resources, nature, or structure of the employer's business. [L 2013, c 249, pt of §2]
HI Rev Stat § 378-93 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-93 Civil actions for injunctive relief or damages.

  §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]
HI Rev Stat § 378-101 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-101 Definitions.

  §378-101 Definitions. As used in this part:  "Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes:  (1) A prospective employee who has applied for or otherwise actively expressed interest in employment with an employer; and  (2) An individual employed by the State or a political subdivision of the State.  "Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof but does not include the United States.  "Employer-owned communication device" means a device allowing for electronic communications, such as a mobile phone or tablet, that is owned or whose cost is reimbursed by the employer.  "Mobile application" means a type of application software designed to run on a mobile electronic device, such as a smartphone or tablet computer.  "Personal communication device" means a device allowing for electronic communication, including a mobile phone and tablet, that is not owned, or the cost of which is not reimbursed, by the employer. [L 2021, c 206, pt of §2]
HI Rev Stat § 378-102 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-102 Unlawful practices.

  §378-102 Unlawful practices. It shall be unlawful for any employer to:  (1) Require an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed as a condition of employment or continued employment; or  (2) Terminate, discharge, or otherwise discriminate against an employee for:  (A) Refusing to download or refusing to consent to download to the employee's personal communication device, a mobile application that enables the employee's location to be tracked or the employee's personal information to be revealed; or  (B) Opposing any practice forbidden by this part or filing a complaint, testifying, or assisting in any proceeding concerning an unlawful practice prohibited under this part. [L 2021, c 206, pt of §2]
HI Rev Stat § 378-103 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-103 Exception.

  §378-103 Exception. Nothing in this part shall be deemed to:  (1) Repeal or affect any law, ordinance, rule, or regulation having the force and effect of law;  (2) Apply to the United States government;  (3) Conflict with or affect the application of security regulations in employment established by the United States or the State;  (4) Apply if the employee consents to downloading the mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed; or  (5) Prohibit an employer from requiring an employee to carry or use an employer-owned communication device that enables the employee's location to be tracked. [L 2021, c 206, pt of §2]
HI Rev Stat § 378-104 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|378. Employment Practices|378-104 Civil actions for injunctive relief or damages.

  §378-104 Civil actions for injunctive relief or damages. (a) A person 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 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 2021, c 206, pt of §2]
HI Rev Stat § 379-1 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|379. Recruiting and Hiring of Employees During Labor Disputes|379-1 Definitions.

  §379-1 Definitions. The term "labor disputes" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. [L 1967, c 18, pt of §2; HRS §379-1]