reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-9.7 Enforcement of the order of wage payment violation. The director may file in the circuit court 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. [L 2017, c 135, pt of §2]

§388-9.7
Enforcement of the order of wage payment violation.
The director may file in the circuit court 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. [L 2017, c 135, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-12 Reciprocal agreements with other states; actions.

§388-12 Reciprocal agreements with other states; actions.
(a) The director of labor and industrial relations may enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer, or commission authorized to act on behalf of such department or agency, for the collection in such other states of claims or judgments for wages and other demands based upon claims assigned to the director.
(b) The director may, to the extent provided for by any reciprocal agreement entered into by law or with an agency of another state as herein provided, maintain actions in the courts of such other state for the collection of claims for wages, judgments, and other demands and may assign such claims, judgments, and demands to the labor department or agency of such other state for collection to the extent that such an assignment may be permitted or provided for by the law of such state or by reciprocal agreement.
(c) The director may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer, or commission of such state authorized to act on behalf of such labor department or corresponding agency, maintain actions in the courts of this State upon assigned claims for wages, judgments, and demands arising in such other state in the same manner and to the same extent that such actions by the director are authorized when arising in this State. However, such actions may be maintained only in cases where such other state by law or reciprocal agreement extends a like comity to cases arising in this State. [L 1965, c 77, §1(c); Supp, §95-11; HRS §388-12]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-13 Rules and regulations.

§388-13 Rules and regulations.
The director of labor and industrial relations is authorized to issue such rules and regulations as the director determines necessary for the purpose of carrying out this chapter. [L 1963, c 158, pt of §3; Supp, §95-12; HRS §388-13; gen ch 1985]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-41 Advance notice of termination of employment.

§388-41 Advance notice of termination of employment.
If an employer requires an employee to give advance notice of termination and the employee gives such notice, the employer shall be liable for the wages which the employee would have earned during the stated period in such notice starting from the day such notice is given, providing that the employee does not voluntarily terminate the employment or the employment is not terminated for cause prior to the last day of such period. [L 1972, c 52, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-42 Other applicable provisions.

§388-42 Other applicable provisions.
Sections 388-1 to 388-13 shall be applicable to this part and the terms "wages" and "compensation" used in the sections shall include all compensation payable under this part. [L 1972, c 52, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-51 Job application processing fee.

§388-51 Job application processing fee.
Except as provided for by chapter 373 and rules adopted thereto, no employer shall require to be paid or to be borne by an employee or prospective employee a job application processing fee. [L 1987, c 169, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 388. Wages and Other Compensation, Payment of › 388-52 Penalties

§388-52 Penalties
. 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. [L 1987, c 169, §2; am L 2020, c 44, §12]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 390. Child Labor Law › 390-1 Definitions.

§390-1 Definitions.
As used in this chapter:
"Adult entertainment" means an activity to which a minor would not be able to legally gain admittance and shall include but not be limited to:
(1) Performing of exotic entertainment;
(2) Nude, exotic, or lap dancing;
(3) Showing of film, video, still picture, electronic reproduction, or other visual reproduction depicting:
(A) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are prohibited by law;
(B) Any person being touched, caressed, or fondled on the breast, buttocks, anus, or genitalia;
(C) Scenes wherein a person displays the anus or genitalia; or
(D) Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Employer" includes any individual, partnership, association, joint stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include the State or any political subdivision thereof or the United States.
"Gainful occupation" means any activity which produces pecuniary gain for any person or persons connected therewith.
"Theatrical employment" means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer. [L 1969, c 162, pt of §2; am L 1976, c 200, pt of §1; am L 2003, c 61, §2]
Revision Note
Numeric designations deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 390. Child Labor Law › 390-3 Certificates of employment and age.

§390-3 Certificates of employment and age.
(a) Certificates of employment and age shall be issued by persons appointed by the director in the form and under conditions prescribed by the director.
(b) A person designated to issue certificates of employment may refuse to issue a certificate if in the person's judgment the nature of the employment or the place thereof is such as to injuriously affect the health, safety or well-being of the minor or contribute toward the minor's delinquency.
(c) Every employer receiving a certificate of employment shall return the certificate to the department immediately after termination of the employment showing thereon the date of termination.
(d) The department may destroy or dispose of any certificate of employment on file which was issued on behalf of a minor who has attained the age of eighteen years and any application for a certificate of employment or age which was filed with the department more than five years prior to the destruction or disposition. [L 1969, c 162, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 390. Child Labor Law › 390-4 Suspension, revocation, invalidation of certificate.

§390-4 Suspension, revocation, invalidation of certificate.
The director may suspend, revoke or invalidate any certificate of employment or age if in the director's judgment it was improperly issued, the minor is illegally employed, or the nature or condition of employment is such as to injuriously affect the health, safety or well-being of the minor or contribute toward the minor's delinquency. [L 1969, c 162, pt of §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 390. Child Labor Law › 390-5 Exceptions.

§390-5 Exceptions.
This chapter shall not apply to any minor employed:
(1) By the minor's parent or legal guardian;
(2) In performance of work in connection with the sale or distribution of newspapers;
(3) In domestic service in or about the private home of the employer;
(4) As a golf caddy; or
(5) By any religious, charitable, or nonprofit organization in exempt employment as prescribed by the director by rule;
provided that such employment is during periods when the minor is not legally required to attend school or when the minor has been excused by school authorities from attending school; in an occupation which has not been declared by rule of the director to be hazardous; and not in connection with adult entertainment. [L 1969, c 162, pt of §2; gen ch 1985; am L 2003, c 61, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 390. Child Labor Law › 390-7 Child labor crime.

§390-7 Child labor crime.
Any person, other than the minor employee, who knowingly violates any provision of this chapter shall be guilty of a misdemeanor. [L 1969, c 162, pt of §2; am L 2003, c 61, §6]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-2 Findings and purpose.

§392-2 Findings and purpose.
A large portion of the labor force of this State annually is disabled from pursuing gainful employment by reason of nonoccupational sickness or accident and as a result suffers serious loss of income. In approximately ten per cent of the cases such sickness or accident can be expected to cause disability of more than one week's duration. More than two-fifths of the employees in private employment have either no fixed legal protection against wage loss from disabling nonoccupational sickness or accident, or only protection for a period of one workweek or less; more than one-third of the workers covered by formal sick leave plans are not protected against disability extending beyond two workweeks. Since the hardship for workers and their families mounts with the extension of the duration of the disability from whatever cause, there is a need to fill the existing gaps in protection and to provide benefits to individuals in current employment that will afford to them reasonable compensation for wage loss caused by disabling nonoccupational sickness or accident where the disability is temporary in nature and exceeds the period of one workweek. This legislation is designed not to impede the growth of voluntary plans which afford additional protection.
This chapter shall be liberally construed in the light of the stated reasons for its enactment and its declared purpose. [L 1969, c 148, pt of §1]
Attorney General Opinions
Where department has a TDI plan for its full-time teachers and a TDI plan for A+ employees, and an individual is employed by department as both a full-time teacher and an A+ employee and becomes disabled for both jobs, allowing department to pay only under one TDI plan would produce a harsh result that is contrary to the legislative intent to provide benefits commensurate with wage loss from all employments and this section's command to construe the statute "liberally ... in the light of the stated reasons for its enactment". Att. Gen. Op. 97-9.
Case Notes
Cited: 73 H. 403, 833 P.2d 890 (1992).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-4 Place of performance.

§392-4 Place of performance.
(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.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-6 Individual in current employment.

§392-6 Individual in current employment.
"Individual in current employment" means:
(1) An individual who performed regular service in employment immediately or not longer than two weeks prior to the onset of the sickness or to the accident causing disability and who would have continued in or resumed employment except for such disability.
(2) An individual who performed regular service in employment immediately or not longer than two weeks prior to becoming totally disabled from performing the duties of her employment because of pregnancy or termination of pregnancy and who would have continued in or resumed such employment except for such disability. [L 1969, c 148, pt of §1; am L 1973, c 61, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-7 Average weekly wage.

§392-7 Average weekly wage.
The "average weekly wage" for the purpose of computing the weekly benefit amount shall be based upon the wages that the employee would receive from the employee's employer except for the employee's disability. In the case of salaried employees the "average weekly wage" shall be the weekly salary of the employee in the last week prior to the commencement of disability. [L 1969, c 148, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-21 Establishment of temporary disability benefits.

§392-21 Establishment of temporary disability benefits.
(a) Any individual in current employment who suffers disability resulting from accident, sickness, pregnancy, termination of pregnancy, or organ donation, except accident or disease connected with or resulting from employment as defined in section 386-3 or any other applicable workers' compensation law, shall be entitled to receive temporary disability benefits in the amount and manner provided in this chapter.
(b) It is the policy of this chapter that the computation and distribution of benefit payments shall correspond to the greatest extent feasible, to the employee's wage loss due to the employee's disability; that an employee shall not be entitled to temporary disability benefits for periods of disability during which the employee would not have earned wages from employment according to the schedule of operations of the employee's employer, and that an employee is entitled to benefits only for periods of disability during which, but for the disability, the employee would have earned wages from employment. This policy, however, shall not be applied to terminate the benefits of an employee who is receiving benefits under this chapter for a disability that commenced while the employee was in current employment, nor shall it be applied to deny benefits under this chapter if a disability that commenced while the employee was in current employment continues into a period during which the employee would earn wages but for the disability. [L 1969, c 148, pt of §1; am L 1973, c 61, §3; am L 1975, c 41, §1; gen ch 1985; am L 1991, c 83, §1; am L 2014, c 160, §2]
Attorney General Opinions
If an individual is employed by department as both a full-time teacher and an A+ employee and the individual becomes disabled for both jobs, department must pay the individual under both the full-time teacher TDI plan and the A+ TDI plan in order to compensate the individual for lost wages from both full-time teacher and A+ employments, because subsection (b) states that "the computation and distribution of benefit payments shall correspond to the greatest extent feasible, to the employee's wage loss due to the employee's disability". Att. Gen. Op. 97-9.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-21.5 Proceedings to determine employment and coverage.

§392-21.5 Proceedings to determine employment and coverage.
The director of labor and industrial relations shall have original jurisdiction over all controversies and disputes over employment and coverage under this chapter. Except in cases where services are specifically and expressly excluded from "employment" under section 392-5, it shall be presumed that coverage applies unless the party seeking exclusion is able to establish under both the control test and the relative nature of the work test that coverage is not appropriate under this chapter. There shall be a right of appeal from decisions of the director to the circuit court and thence to the intermediate appellate court, subject to chapter 602. [L 1996, c 94, §2; am L 2004, c 202, §46; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-22 Weekly benefit amount.

§392-22 Weekly benefit amount.
Benefits shall be computed as weekly amounts in the manner provided in this section:
(1) If the average weekly wage of the employee is less than $26, the weekly benefit amount shall be equal to the average weekly wage but not more than $14;
(2) If the average weekly wage of the employee is $26 or more the weekly benefit amount shall be fifty-eight per cent of the average weekly wage rounded off, if not a multiple of $1, to the next higher multiple of $1;
(3) If the average weekly earnings of the employee exceed an amount equal to one fifty-second of the product obtained by multiplying the amount of the average annual wage in Hawaii, as determined pursuant to section 383-22(b), by the factor of 1.21, such excess shall not be included in the computation of the weekly benefit amount; and
(4) In no case shall the weekly benefit amount exceed the maximum weekly benefit specified in section 386-31. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(a); am L 1992, c 31, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-23 Duration of benefit payments.

§392-23 Duration of benefit payments.
Temporary disability benefits shall be payable for any period of disability following the expiration of the waiting period required in section 392-24.
The duration of benefit payments shall not exceed twenty-six weeks for any period of disability or during any benefit year. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-24 Waiting period.

§392-24 Waiting period.
No temporary disability benefits shall be payable during the first seven consecutive days of any period of disability. Consecutive periods of disability due to the same or related cause and not separated by an interval of more than two weeks shall be considered as a single period of disability. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-25 Eligibility for benefits.

§392-25 Eligibility for benefits.
An individual is eligible to receive temporary disability benefits if the individual has been in employment for at least fourteen weeks during each of which the individual has received remuneration in any form for twenty or more hours and earned wages of at least $400, during the fifty-two weeks immediately preceding the first day of disability. [L 1969, c 148, pt of §1; gen ch 1985; am L 1999, c 30, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-26 Care by physician, advanced practice registered nurse, or equivalent required.

§392-26 Care by physician, advanced practice registered nurse, or equivalent required.
(a) An individual shall be ineligible to receive temporary disability benefits with respect to any period during which the individual is not under the care of a person duly licensed to practice medicine, surgery, dentistry, chiropractic, osteopathy, or naturopathic medicine, a physician assistant, or an advanced practice registered nurse, who shall certify, in the form and manner specified by rule of the director, the disability of the claimant, the probable duration of the disability, and such other medical facts within the person's knowledge as required by rule.
(b) This section shall not apply to an individual who, pursuant to the teachings, faith, or belief of any group, depends for healing upon prayer or other spiritual means. In that case the disability, the probable duration thereof, and any other pertinent facts required to be certified by regulation of the director shall be certified, in the form and manner specified by the regulation, by a duly authorized or accredited practitioner of such group.
(c) The proof of disability duly certified by a person licensed to practice medicine, surgery, dentistry, chiropractic, osteopathy, or naturopathic medicine, a physician assistant, or an advanced practice registered nurse, or an authorized or accredited practitioner of any group that depends for healing upon prayer or other spiritual means shall be submitted by the certifying person to the disabled employee within seven working days after the date on which the employee was examined and found disabled. If the certifying person fails to submit the required proof within seven working days, the director, upon notification by the insurer, may levy a penalty of $25 for each delinquent certification where the certifying person fails to show good cause for the person's failure to file on time. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(b); am L 1973, c 172, §1; am L 1974, c 154, §1; am L 1979, c 105, §41; gen ch 1985; L Sp 2009, c 22, §11(2); am L 2018, c 162, §1; am L 2022, c 293, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-27 Ineligibility in certain cases.

§392-27 Ineligibility in certain cases.
An individual shall not be eligible to receive temporary disability benefits:
(1) For any period of disability during which the individual would be disqualified from receiving benefits under the Hawaii employment security law by reason of unemployment due to a stoppage of work existing because of a labor dispute for the duration of such disqualification.
(2) If the director finds that the individual has knowingly made a false statement or representation of a fact or knowingly failed to disclose a material fact in order to obtain benefits under this chapter to which the individual is not otherwise entitled. The ineligibility shall be for a period determined by the director, but shall not exceed the period of disability with respect to which the false statement or representation was made or the nondisclosure occurred.
(3) For any period of disability due to wilfully and intentionally self-inflicted injury or to injury sustained in the commission of a criminal offense specified in title 37.
(4) For any day of disability during which the employee performed work for remuneration or profit, except that, if an employee returning to work suffers a relapse after performing work for less than a full day, the employee shall be paid benefits or be given waiting period credit, provided the employee's wages for the partial day's work did not equal or exceed the prorated disability benefits to which the employee is entitled. The amount of the benefit payable is derived by subtracting the gross wages received for performing less than a full day's work, from the prorated disability benefits to which the employee is entitled.
(5) Unless the claim for disability benefits is filed within ninety days after the commencement of the period of disability or as soon thereafter as is reasonably possible. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(c); am imp L 1972, c 9, §1; am L 1983, c 205, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-28 Duplication of benefits not permitted.

§392-28 Duplication of benefits not permitted.
No temporary disability benefits shall be payable for any period of disability for which the employee is entitled to receive:
(1) Weekly benefits under the Employment Security Law or similar laws of this State or of any other state or of the United States, or under any temporary disability benefits law of any other state or of the United States except as provided in section 392-66.
(2) Weekly disability insurance benefits under 42 United States Code Annotated [section] 423.
(3) Weekly benefits for total disability under the Workers' Compensation Law of this State or any other state or of the United States, except benefits for permanent partial or permanent total disability previously incurred. If the claimant does not receive benefits under such workers' compensation law and the claimant's entitlement to such benefits is seriously disputed, the employee, if otherwise eligible, shall receive temporary disability benefits under this chapter, but any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated, as hereinafter provided, to the employee's right to benefits under the workers' compensation law for the period of disability for which the employee received benefits under this chapter to the extent of the benefits so received.
(4) Indemnity payments for wage loss under any applicable employers' liability law of this State, or of any other state or of the United States. If an employee has received benefits under this chapter for a period of disability for which the employee is entitled to such indemnity payments, any insurer or employer or the trust fund for disability benefits providing such benefits shall be subrogated to the employee's right to such indemnity payments in the amount of the benefits paid under this chapter as hereinafter provided. [L 1969, c 148, pt of §1; am L 1975, c 41, §1; gen ch 1985; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-29 No assignment of benefits; exemptions from attachment, etc.

§392-29 No assignment of benefits; exemptions from attachment, etc.
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 such rights to benefits shall be exempt from levy, execution, attachment, garnishment, or any other remedy whatsoever provided for the collection of debt. No waiver of any exemption provided for in this section shall be valid. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-42 Notice of insurance.

§392-42 Notice of insurance.
If payment of disability benefits is provided for in whole or in part by insurance pursuant to section 392-41(a)(1), (4), or (5), the employer or insurer shall forthwith file with the director in form prescribed by the director a notice of the employer's or insurer's insurance together with a statement of benefits provided by the policy. If an employer or insurer fails to file the notice of insurance within thirty days after purchase of insurance, the director may levy a penalty of not more than $10 for each delinquent notice, unless good cause for failure to file can be shown by the employer or insurer. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(e); gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction.

§392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction.
(a) Each insurer shall maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this State with draft authority for the processing of temporary disability insurance payments.
(b) If an insurer fails to comply with subsection (a), the insurer shall be subject to a civil penalty of not less than $2,500 or $100 for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought by the director in the name of the State, and the amount so collected shall be paid into the trust fund created by section 392-61. The director, in the director's discretion, for good cause shown, may remit all or any part of the penalty in excess of $2,500, if the insurer in default forthwith complies with subsection (a). With respect to such actions, the attorney general shall enforce this subsection if so requested by the director.
(c) If any insurer violates subsection (a) for a period of thirty days, the insurer may be enjoined by the circuit court from carrying on the insurer's business any place in the State so long as the violation continues. The action for injunction shall be commenced by the attorney general if so requested by the director.
[L 1991, c 113, §1; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-43.5 Payments of premium for ineligible employees not permitted.

§392-43.5 Payments of premium for ineligible employees not permitted.
An insurer providing benefits for the employees of an employer or an association of employers, shall not require the payment of premiums from such employer or association of employers for employees who do not meet the eligibility requirements of section 392-25. However, in the case of employees who concurrently work for more than one employer and are deemed eligible to receive benefits by combining the wages earned and hours worked of the two or more employments, the insurer shall require the payment of premiums in accordance with section 392-43. The employers or association of employers shall ensure that eligible employees with concurrent employments are provided the required coverage. [L 1977, c 88, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-44 Payment of disability benefits.

§392-44 Payment of disability benefits.
Benefits provided under this chapter shall be paid periodically and promptly and, except as to a contested period of disability, without any decision by the director. The first payment of benefits shall be paid within ten days, exclusive of Saturdays, Sundays and holidays, after the filing of required proof of claim. Thereafter, benefits shall be due and payable every two weeks. The director may determine that benefits may be paid monthly or semi-monthly if wages were so paid, and may authorize deviation from the foregoing requirements to facilitate prompt payment of benefits. If an employer or insurer fails to make the first payment of benefits within ten days, exclusive of Saturdays, Sundays and holidays, after the filing of required proof of claim, the director shall, unless good cause can be shown, require the employer or insurer to pay such benefits plus an additional ten per cent of the benefits due and payable to the employee. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(g)]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-44.5 Notice of denial.

§392-44.5 Notice of denial.
No employer or insurer shall deny disability benefits to an employee without first submitting a copy of the notice of denial to the department. The department shall review the denial within ten days of the receipt of the notice. If the department finds the denial erroneous, without proper legal basis, or without sufficient evidence to support it, the department shall request the employer or insurer to reconsider its action in denying disability benefits. If upon reconsideration the employer or insurer again decides to deny disability benefits, the employee and the department shall be so notified. The employee shall have the right to appeal the denial of disability benefits. [L 1972, c 120, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-46 Subrogation rights against third parties.

§392-46 Subrogation rights against third parties.
If any individual who has received benefits under this chapter is entitled to recover damages from a third person who is responsible for the sickness or accident causing the disability, the employer, the association of employers, the insurer, or the trust fund for disability benefits, providing disability benefits shall be subrogated to, and have a lien upon, the rights of the individual against the third party to the extent that the damages include wage loss during the period of disability for which temporary disability benefits were received in the amount of such benefits.
If the individual commences an action against such third party, the individual shall notify the individual's employer, or the director if the individual is unemployed, of the action and the court in which it is pending. The employer, the association of employers, the insurer, or the trust fund for disability benefits, providing disability benefits may join as party plaintiff or claim a lien on the amount of any judgment recovered by the individual in such action to the extent of its subrogation rights. If the individual does not commence the action within nine months after the commencement of the sickness or the date of the accident causing the disability, the employer, the association of employers, the insurer, or the trust fund for disability benefits, providing temporary disability benefits may commence such action, but the individual shall be entitled to join the action and be entitled to any surplus over the amount to which the employers, the association of employers, the insurer, or the trust fund for disability benefits is subrogated. [L 1969, c 148, pt of §1; gen ch 1985; am L 2013, c 100, §8]
Case Notes
Temporary disability insurance carrier is not entitled to full reimbursement of benefits from its insured's employee under section's subrogation and lien rights when employee receives a "general damages only" settlement from tortfeasor. 73 H. 403, 833 P.2d 890 (1992).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-47 Failure to give security for payment of benefits; penalty; injunction.

§392-47
Failure to give security for payment of benefits; penalty; injunction.
If an employer fails to comply with section 392-41 the employer shall be subject to a penalty of not less than $500 or of $100 for each employee for every day during which such failure continues, whichever sum is greater, to be recovered in an action brought in the discretion of the director and the amount so collected shall be paid into the trust fund for disability benefits created by section 392-61. The director may, however, in the director's discretion, for good cause shown, remit all or any part of the penalty in excess of $500; provided that the employer in default complies with section 392-41.
Furthermore, if any employer is in default under section 392-41, for a period of thirty days, the employer may be enjoined by the circuit court of the circuit in which the employer's principal place of business is located from carrying on the employer's business any place in the State so long as the default continues, such action for injunction to be prosecuted by the attorney general or any county attorney if so requested by the director. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(i); gen ch 1985; am L 2013, c 100, §8; am L 2016, c 187, §7]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-48 The insurance contract.

§392-48 The insurance contract.
Every policy of insurance issued by an insurer of an employer pursuant to this chapter which covers the liability of the employer for temporary disability benefits shall cover the entire liability of the employer to the employer's employees covered by the policy or contract, and also shall contain a provision setting forth the right of the employees to enforce in their own names either by filing a separate claim or by making the insurer a party to the original claim, the liability of the insurer in whole or in part for the payment of the disability benefits. Payment in whole or in part of disability benefits by either the employer or the insurer shall, to the extent thereof, be a bar to the recovery against the other of the amount so paid.
All insurance policies shall be approved by the insurance commissioner of the State. [L 1969, c 148, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-49 Insolvency of employer not to release insurer.

§392-49 Insolvency of employer not to release insurer.
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. [L 1969, c 148, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-50 Cancellation of insurance contracts.

§392-50 Cancellation of insurance contracts.
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. [L 1969, c 148, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-51 Failure to submit timely wage and employment information.

§392-51 Failure to submit timely wage and employment information.
An employer to whom an insurer has sent a request for information on wages, hours, and duration of employment regarding an employee claiming disability benefits shall complete and submit such information within seven days from the date the request was received. If the employer fails to submit the information within seven days, the director upon notification by the insurer shall levy a penalty of $250 for each delinquent request where the employer fails to show good cause for failure to file on time. [L 1973, c 9, §1; am L 2018, c 162, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-52 Disposition of accrued benefits where insurer is unable to locate employee.

§392-52 Disposition of accrued benefits where insurer is unable to locate employee.
An insurer who is unable to pay benefits to an employee because the employee cannot be located, shall deposit the accrued benefits into the trust fund for disability benefits. Upon locating the employee, the director shall pay from the trust fund to the employee an amount equal to but not more than the amount paid into the fund by the employer. If the employee cannot be located for a period of two years from the date of deposit, the employee's unpaid benefits shall escheat to the trust fund for disability benefits. [L 1981, c 115, §1; gen ch 1985; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-61 Establishment of trust fund for disability benefits.

Note
Part heading amended by L 2013, c 100, §8.
§392-61 Establishment of trust fund for disability benefits.
There is established in the treasury of the State, separate and apart from all public moneys or funds of the State, a trust fund for disability benefits which shall be administered by the director exclusively for the purposes of this chapter; and for the establishment and maintenance of a family leave data collection system under section 398-9.5. All contributions pursuant to this part shall be paid into the fund and all benefits payable under this part shall be paid from the fund. The fund shall consist of[:]
(1) All contributions collected pursuant to this part, together with any interest thereon;
(2) All fines and penalties for the fund pursuant to this chapter;
(3) All moneys collected by way of subrogation;
(4) Interest earned on any moneys in the fund;
(5) Any property or securities acquired through the use of moneys belonging to the fund;
(6) All earnings of such property and securities; and
(7) All other moneys received for the fund from any source. [L 1969, c 148, pt of §1; am L Sp 2009, c 7, §3; am L 2013, c 100, §6]
Revision Note
In the last sentence, (1) to (7) reformatted as paragraphs (1) to (7) pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-62 Management of the fund.

§392-62 Management of the fund.
The director of finance shall be the treasurer and custodian of the trust fund for disability benefits and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall be held in trust for the purposes of this part only and shall not be expended, released, or appropriated or otherwise disposed of for any other purpose. Moneys in the fund may be deposited in any depositary bank in which general funds of the State may be deposited but such moneys shall not be commingled with other state funds and shall be maintained in separate accounts on the books of the depositary bank. Such moneys shall be secured by the depositary bank to the same extent and in the same manner as required by the general depositary law of the State; and collateral pledged for this purpose shall be kept separate and distinct from any other collateral pledged to secure other funds of the State. The director of finance shall be liable for the performance of the director of finance's duties under this section as provided in chapter 37. [L 1969, c 148, pt of §1; gen ch 1985; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-63 Disbursements from the fund.

§392-63 Disbursements from the fund.
Expenditures of moneys in the trust fund for disability benefits shall not be subject to any provisions of law requiring specific appropriations or other formal release by state officers of money in their custody. All benefits shall be paid from the fund upon warrants drawn upon the director of finance by the comptroller of the State supported by vouchers approved by the director. [L 1969, c 148, pt of §1; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-64 Investment of moneys.

§392-64 Investment of moneys.
With the approval of the department the director of finance may, from time to time, invest such moneys in the trust fund for disability benefits as are in excess of the amount deemed necessary for the payment of benefits for a reasonable future period. Such moneys may be invested in bonds of any political or municipal corporation or subdivision of the State, or any of the outstanding bonds of the State, or invested in bonds or interest-bearing notes or obligations of the State (including state director of finance's warrant notes issued pursuant to chapter 40), or of the United States, or those for which the faith and credit of the United States, are pledged for the payment of principal and interest, or in federal land bank bonds or joint stock farm loan bonds. The investments 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 fund only under the direction of the director of labor and industrial relations. [L 1969, c 148, pt of §1; am L 2013, c 100, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 392. Temporary Disability Insurance › 392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits.

§392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits.
Temporary disability benefits shall be paid from the trust fund for disability benefits to individuals who become disabled when unemployed and who subsequently become ineligible for benefits under chapter 383. Benefits shall also be paid from this fund to an employee who is entitled to receive temporary disability benefits but cannot receive such benefits because of the bankruptcy of the employee's employer or because the employee's employer is not in compliance with this chapter. Benefits paid from the trust 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 392-47, to effect recovery of such benefits. [L 1969, c 148, pt of §1; am L 1971, c 109, §1(j); gen ch 1985; am L 1986, c 339, §61; am L 2013, c 100, §8]