reglab/housing_qa huggingface dataset:
HI Rev Stat § 382-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-5 Stevedoring fund; compensation for appropriation and use.

  §382-5 Stevedoring fund; compensation for appropriation and use. There is appropriated from the general revenues of the State sufficient moneys as may be necessary, from time to time, for expenditure by or under the direction of the governor for any and all purposes of this chapter and the operations of the government under this chapter, including, without limitation of the generality of the foregoing, the compensation of employees and for other personal services, other current expenses, insurance, and expenditures for the performance of any and all contracts and arrangements authorized by this chapter; provided that the governor may not expend in excess of $250,000 by this method. The governor may further augment the appropriation from the governor's contingent fund and in addition thereto may cause to be expended from the general fund as a loan or loans further amounts from time to time as required for the purposes of this chapter, but the amount of such further loans outstanding at any one time shall not exceed $250,000. Expenditures may be made by or under the direction of the governor or the governor may allot any money not to exceed the maximums provided in this section to the designated agency for expenditure upon its own vouchers.  Charges shall be made and collected for deposit into the treasury of the State. The charges so far as possible shall be based upon the rates prevailing in the industry immediately prior to the disruption of service, but due consideration shall be given to current conditions, including the expenses and other costs incurred or which may be incurred by the State under this chapter. From time to time the governor shall pay from the general fund to each company whose property has been appropriated just compensation for the appropriation and use of its property. If any company is unwilling to accept the amount determined by the governor as full and complete compensation for appropriation and use, the company shall be paid fifty per cent of the amount so determined by the governor and shall be entitled to sue the State, in the manner provided in chapter 661 for such additional sum as, when added to the sum already received by the company, shall constitute just compensation for the appropriation and use of its property; provided that the suit shall be instituted within three months after the termination of the appropriation and use. [L 1951, c 209, pt of §4; RL 1955, §92-6; am L 1964, c 46, §2; HRS §382-5; gen ch 1985]
HI Rev Stat § 382-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-6 Termination of government operations.

  §382-6 Termination of government operations. Whenever the governor finds that any company whose plant or facilities are being operated by the State is in a position to resume immediately and continue the operation of its plants and facilities without interruption, or that government operation of the plant or facilities of any company is no longer required for the public health, safety, and welfare, the governor shall terminate government operation of the plant and facilities and shall restore the same to the company. [L 1951, c 209, §5; RL 1955, §92-7; HRS §382-6; gen ch 1985]
HI Rev Stat § 382-7 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-7 Interference with government operations; injunctions.

  §382-7 Interference with government operations; injunctions. (a) All persons employed by the governor under sections 382-3 to 382-5 shall be deemed government employees within the meaning of sections 86-1 to 86-6 and such sections shall be applicable to the operations under sections 382-3 to 382-5.  (b) After a proclamation of an emergency pursuant to section 382-2 and until the termination of government operations as provided by section 382-6, it shall be unlawful for:  (1) Any private employee or labor organization to engage in a strike, or a concerted refusal to transport or otherwise handle any cargo or to perform services on any vessel or with respect to any facility;  (2) Any persons to concert to withhold patronage, employment, or other beneficial business intercourse; or  (3) Any person, with a purpose of instigating, inducing, procuring, bringing about, coercing, or inciting any such strike or concerted action or a continuation thereof, to picket or to establish or maintain a picket line of one or more persons, where an object of any such strike, concerted action, or picketing is to:  (A) Interfere with government operations under this chapter;  (B) Force or require any person to cease transporting or otherwise handling cargo with respect to which stevedoring services or related services have been or are to be performed by the government under this chapter; or  (C) Cause loss, injury, or damage to any person by reason of the person's having transported or otherwise handled or being about to transport or otherwise handle any cargo with respect to which stevedoring services or related services have been or are to be performed by the government under this chapter; provided that in the case of an emergency arising out of a labor dispute in the stevedoring industry, this subsection shall not, by reason of refusal to return to employment involved in such labor dispute or by reason of refusal to accept employment by the government, apply to any employee engaged in the labor dispute. For the purposes of this subsection, the term "employee" includes any employee and is not limited to the employees of a particular employer and "private employee" means one employed by other than the government.  This section shall be enforceable in the same manner as that provided in section 86-4 for the enforcement of sections 86-1 to 86-6. [L 1951, c 209, §6; RL 1955, §92-8; HRS §382-7; gen ch 1985] Note  Sections 86-1 to 86-6 referred to in text are repealed. Revision Note  Pursuant to §23G-15, in:  (1) Subsection (b)(1), "or" deleted and punctuation changed; and  (2) Subsection (b)(2) and (b)(3)(A) and (B), punctuation changed.
HI Rev Stat § 382-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-8 Employee need not work involuntarily.

  §382-8 Employee need not work involuntarily. 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. [L 1951, c 209, §7; RL 1955, §92-9; HRS §382-8; gen ch 1985]
HI Rev Stat § 382-9 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-9 Rules and regulations.

  §382-9 Rules and regulations. For the purpose of carrying out sections 382-3 to 382-5, the governor may prescribe rules and regulations. Chapter 91 shall not be applicable to such rules and regulations. [L 1951, c 209, §8; RL 1955, §92-10; am imp L 1964, c 46, §2; am L 1965, c 96, §68; HRS §382-9]
HI Rev Stat § 382-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|382. Labor Disputes; Stevedoring Industry|382-10 Powers in addition to other powers.

  §382-10 Powers in addition to other powers. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law, including sections 125-1 to 125-7 and nothing herein shall be construed as limiting any other powers of the governor or the designated agency mentioned in section 382-3. [L 1951, c 209, §10; RL 1955, §92-11; HRS §382-10]
HI Rev Stat § 383-3 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-3 Place of performance.

  §383-3 Place of performance. "Employment" includes an individual's entire service, performed within or both within and without this State if:  (1) The service is localized in this State; or  (2) The service is not localized in any state but some of the service is performed in this State and[:]  (A) The individual's base of operation, or, if there is no base of operation, then the place from which such service is directed or controlled, is in this State; or   (B) The individual's base of operation or place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State.  Notwithstanding any other provisions of this section, the term employment also includes all service performed after June 30, 1946, by an officer or member of the crew of an American vessel on or in connection with such vessel, provided that the operating office from which the operations of the vessel operating on navigable waters within or within and without the United States is ordinarily and regularly supervised, managed, directed, and controlled, is within this State. [L 1939, c 219, §2(k)(2); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4204; am L 1947, c 75, §1(2); RL 1955, §93-3; HRS §383-3] Revision Note  In paragraph (2), (A) and (B) reformatted as subparagraphs (A) and (B) pursuant to §23G-15.
HI Rev Stat § 383-4 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-4 Election of employing unit.

  §383-4 Election of employing unit. Services covered by an election pursuant to section 383-77 and services covered by an arrangement pursuant to sections 383-106 to 383-109 between the department of labor and industrial relations and the agency charged with the administration of any other state or federal unemployment compensation law, pursuant to which all services performed by an individual for an employing unit are deemed to be performed entirely within this State, shall be deemed to be employment if the department has approved an election of the employing unit for which the services are performed, pursuant to which the entire service of the individual during the period covered by the election is deemed to be insured work. [L 1939, c 219, §2(k)(1); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4205; RL 1955, §93-4; am L Sp 1959 2d, c 1, §27; HRS §383-4]
HI Rev Stat § 383-5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-5 Service localized where.

  §383-5 Service localized where. 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]
HI Rev Stat § 383-6 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-6 Master and servant relationship, not required when.

  §383-6 Master and servant relationship, not required when. Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective of whether the common law relationship of master and servant exists unless and until it is shown to the satisfaction of the department of labor and industrial relations that:  (1) The individual has been and will continue to be free from control or direction over the performance of such service, both under the individual's contract of hire and in fact;   (2) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and  (3) The individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of service. [L 1939, c 219, §2(k)(5); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4207; RL 1955, §93-6; am L Sp 1959 2d, c 1, §27; HRS §383-6; gen ch 1985] Revision Note  In paragraph (1), "and" deleted pursuant to §23G-15. Law Journals and Reviews  Relief for Manufacturers and Wholesalers: A Proposal to Exclude Commissions Paid to Part-Time Sales Representatives from Hawaii's Unemployment Tax. II HBJ, no. 13, at 35 (1998). Case Notes  "Control" test. 38 H. 16 (1948).  Coverage, generally. 41 H. 508 (1957).   Coverage may be broader than federal law. 41 H. 508 (1957).  "Control" test; salespersons representing home remodelling company were "employees" under control and supervision of company. 2 H. App. 421, 633 P.2d 564 (1981).
HI Rev Stat § 383-7.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-7.5 Part-time work; benefits available.

  §383-7.5 Part-time work; benefits available. Notwithstanding any law to the contrary under this chapter, an individual shall not be denied regular unemployment benefits relating to availability for work, active search for work, or refusal to accept work, solely because the individual is seeking only part-time work; provided that this section shall not apply if a majority of the weeks of work in the individual's base period does not include part-time work. [L 2009, c 171, pt of §1]
HI Rev Stat § 383-8 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-8 Included and excluded service.

  §383-8 Included and excluded service. If the services performed during one-half or more of any pay period by an individual for the person employing the individual constitute employment, all the services of the individual for the period shall be deemed to be employment; but if the services performed during more than one-half of any pay period by an individual for the person employing the individual do not constitute employment, then none of the services of the individual for the period shall be deemed to be employment. As used in this section, the term "pay period" means a period (of not more than thirty-one consecutive days) for which a payment of remuneration is ordinarily made to the individual by the person employing the individual. This section shall not be applicable with respect to services performed in a pay period by an individual for the person employing the individual, where any of the service is excepted by section 383-7(a)(8). [L 1941, c 304, §1, pt of subs 8; RL 1945, §4209; RL 1955, §93-8; HRS §383-8; gen ch 1985; am L 2015, c 35, §13]
HI Rev Stat § 383-10 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-10 Definition of wages.

  §383-10 Definition of wages. As used in this chapter, unless the context clearly requires otherwise, "wages", subject to section 383-11, means all remuneration for services from whatever source, including commissions and bonuses, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer, and the cash value of all remuneration in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in accordance with rules prescribed by the department of labor and industrial relations. [L 1939, c 219, §2(p); am L 1941, c 304, §1, pt of subs 12; RL 1945, §4211; am L 1953, c 23, §1(2); RL 1955, §93-10; am L Sp 1959 2d, c 1, §27; HRS §383-10; gen ch 1985; am L 1986, c 288, §1]
HI Rev Stat § 383-12 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-12 Requirement to post work availability online.

 §383-12 Requirement to post work availability online. To meet the online registration for work requirements under section 383-29(a), the department shall:  (1) Allow an individual to post the required information independently on the department's internet job-matching system; or  (2) Accept information provided by the individual in the form prescribed by the department, and enter the necessary information on the department's internet job-matching system for the individual.  The employment office shall provide the necessary information to the unemployment office for the purpose of determining whether the individual's registration for work requirements have been met. [L 2010, c 76, §1]
HI Rev Stat § 383-21 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-21 Payment of benefits.

  §383-21 Payment of benefits. All benefits provided herein shall be payable from the fund. All benefits shall be paid through employment offices, in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c 219, §3(b); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4214; RL 1955, §93-20; am L Sp 1959 2d, c 1, §27; HRS §383-21]
HI Rev Stat § 383-23 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-23 Weekly benefit for unemployment.

  §383-23 Weekly benefit for unemployment. 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. [L 1939, c 219, §3(d); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4216; am L 1951, c 195, §1(4); am L 1955, c 16, §1(a); RL 1955, §93-22; HRS §383-23; gen ch 1985; am L 1986, c 162, §2; am L 1991, c 68, §4; am L 2007, c 110, §2] Case Notes  Probationary teachers were not unemployed during summer, when wages were paid although services were not required. 56 H. 590, 546 P.2d 1 (1976).
HI Rev Stat § 383-23.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-23.5 Retirement payments.

  §383-23.5 Retirement payments. (a) For any week with respect to which an individual is receiving a pension (which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment) under a plan maintained or contributed to by a base period or chargeable employer (as determined under applicable law), the weekly benefit amount payable to the individual for the week shall be reduced (but not below zero):  (1) By one-half the prorated weekly amount of the pension if at least half but less than one hundred per cent of the contributions to the plan were provided by the individual;  (2) By the entire prorated weekly amount of the pension if paragraph (1) or paragraph (3) does not apply; or  (3) By no part of the pension if the entire contributions to the plan were provided by the individual, or by the individual and an employer (or any other person or organization) who is not a base period or chargeable employer as determined under applicable law.  (b) No reduction shall be made under this section by reason of the receipt of a pension if the services performed by the individual during the base period (or remuneration received for the services) for the employer did not affect the individual's eligibility for, or increase the amount of, the individual's pension, retirement or retired pay, annuity, or similar payment.  (c) Subsections (a) and (b) shall only apply to new claims filed with an effective date prior to July 1, 2005.  (d) With respect to new claims filed with an effective date beginning on or after July 1, 2005:  (1) For any week with respect to which an individual is receiving a pension under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to the individual for the week shall be reduced (but not below zero) by an amount equal to the amount of the pension which is reasonably attributable to that week. For this paragraph to apply, the services performed for the employer by the individual in the base period (or remuneration for the services) must affect eligibility for, or increase the amount of the pension; and  (2) Paragraph (1) shall not apply to any pension if the individual has made any contribution to the plan maintained by the base period or chargeable employer.  (e) Notwithstanding any provision under this section, the amount of any pension, retirement or retired pay, annuity, or other similar periodic payment under the Social Security Act or the Railroad Act of 1974 shall not result in a reduction of the weekly benefit amount payable to an individual under this section. [L 1980, c 117, §1; am L 1981, c 196, §1; am L 2005, c 106, §1]
HI Rev Stat § 383-24 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-24 Maximum potential benefits.

  §383-24 Maximum potential benefits. The maximum potential benefits of an eligible individual in a benefit year shall be twenty-six times the eligible individual's weekly benefit amount. [L 1939, c 219, §3(e); am L 1941, c 304, §1, pt of subs 15; RL 1945, §4217; am L 1955, c 16, §1(a); RL 1955, §93-23; am L 1965, c 250, §1(b); HRS §383-24; gen ch 1985]
HI Rev Stat § 383-29.5 (2021)
2021 Hawaii Revised Statutes|Title 21. Labor and Industrial Relations|383. Hawaii Employment Security Law|383-29.5 Benefits during training.

  §383-29.5 Benefits during training. (a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because that individual is in training approved under section 236(a)(1) of the Trade Act of 1974, because an individual left work to enter the training (provided the work left is not suitable employment), or because of the application to any week in training of provisions in this chapter (or any applicable federal unemployment compensation law) relating to availability for work, active search for work, or refusal to accept work.  (b) For purposes of this section, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment (as defined for purposes of the Trade Act of 1974), and wages for such work at not less than eighty per cent of the individual's average weekly wage as determined for the purposes of the Trade Act of 1974. [L 1982, c 58, §6; am L 1983, c 124, §10]