reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-21 Purpose.

§373C-21 Purpose.
An occupational information database can provide information for employment, training, and educational program planning, as well as provide input for career planning and job search purposes. The system shall use data collection procedures established by various programs for input and apply standardized estimating procedures for developing current and projected labor market supply and demand data. The system shall deliver the necessary occupationally related information to a widely divergent user population, including planners, students, trainees, and job searchers, in appropriate formats whether manual, internet, or computer-based. The overall occupational information system shall be designed to meet the needs of youth and adult career planners and job seekers as well as the needs of educational, training, and employment program planners for planning data on projected occupational supply and demand. [L 1983, c 193, pt of §1; am L 2001, c 171, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-23 Responsibilities

§373C-23 Responsibilities
. The department of labor and industrial relations shall be responsible for the preparation of occupational employment demand information concerning projected needs for occupational skills in Hawaii's labor market. The department of education and University of Hawaii systems shall be responsible for the production of uniform educational supply data concerning students in courses related to each occupational category.
The workforce development council shall be responsible for coordinating the production of federally funded training supply data concerning trainees enrolled and completing training programs in each occupational category. The department of human services shall be responsible for preparing information concerning welfare and vocational trainees enrolled and completing training by occupational category.
All of the identified entities in this section shall jointly develop and produce, to the extent feasible, other data required of the occupational information system. [L 1983, c 193, pt of §1; am L 1987, c 339, §4; am L 2001, c 171, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-31 System's powers and duties.

§373C-31 System's powers and duties.
The Hawaii career information delivery system shall be a part of the Hawaii occupational information system. It shall develop and deliver occupational and educational information used for career choice and job search purposes. The information used in the Hawaii career information delivery system shall be obtained primarily from the Hawaii occupational information system and shall be available to all regions and people of the State. Career information shall be delivered to meet customer needs through schools, training sites, employment service offices, and social service offices but shall not be restricted to these customer sites. [L 1983, c 193, pt of §1; am L 2001, c 171, §5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-32 Organization

§373C-32 Organization
. The delivery of career information on a statewide basis shall be through the Hawaii career information delivery system program, operated and managed by the department of labor and industrial relations to provide for the maximum input of customer needs and concerns practicable. [L 1983, c 193, pt of §1; am L 2001, c 171, §6]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-33 Personnel.

§373C-33 Personnel.
The department of labor and industrial relations may establish positions and hire necessary personnel for the purposes of this part in accordance with chapter 76. [L 1983, c 193, pt of §1; am L 2000, c 253, §150; am L 2006, c 300, §12]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-34 Authorization to receive cost reimbursements.

§373C-34 Authorization to receive cost reimbursements.
The department of labor and industrial relations may make such agreements or contracts as are approved by the governor with any county, city, state, territory, association, society, or person for the purpose of sharing occupational and education information used for career choice and job search purposes. The general fund appropriation shall include the projected income for the terms and conditions of the resulting agreements or contracts for the purposes set forth herein. All moneys received for the sharing of occupational and educational information shall be deposited into the state general fund. [L 1984, c 190, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-41 Powers and duties.

§373C-41 Powers and duties.
The Hawaii occupational employment planning system shall be part of the Hawaii occupational information system. It shall develop and deliver occupational employment demand and supply information used for planning purposes by employment, training, vocational education, vocational rehabilitation, economic development, and other agencies as well as private industry and individuals. The system shall be based on standardized and nonduplicative techniques and processes to the maximum extent practicable. [L 1983, c 193, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-43 Occupational employment statistics program.

§373C-43 Occupational employment statistics program.
The department of labor and industrial relations shall conduct an occupational employment statistics program to develop occupational demand projections in fulfilling the responsibilities of section 373C-23. [L 1983, c 193, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373C. Occupational and Career Information › 373C-44 Labor market information development program.

§373C-44 Labor market information development program.
The department of labor and industrial relations shall conduct a labor market information development program to develop employment and unemployment demographics and to conduct labor market area industrial economic analysis in fulfilling the responsibilties of section 373C-23. [L 1983, c 193, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373L. Professional Employer Organizations › 373L-1 Definitions.

§373L-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Client company" means any person that enters into a professional employer agreement with a professional employer organization and has covered employees.
"Covered employee" means an individual who performs services for a client company pursuant to a professional employer agreement.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Person" means a natural or legal person.
"Professional employer agreement" means a written contract by and between a client company and a professional employer organization that:
(1) Provides for covered employees to the client company;
(2) Describes the duties and responsibilities of the client company and the professional employer organization with respect to the covered employees; and
(3) Includes a declaration by the professional employer organization of the professional employer organization's responsibilities under section 373L-6.
"Professional employer organization" means any person that is a party to a professional employer agreement with a client company and whose covered employees perform services on a long-term, rather than temporary or project-specific basis. The term does not include temporary help services, staff leasing, or other similar arrangements.
"Temporary help services" means an arrangement by which a person recruits and hires the person's own employees and:
(1) Finds other organizations that need the services of those employees;
(2) Assigns those employees to perform work or services for other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, including employee absences, skill shortages, seasonal workloads, or special assignments or projects; and
(3) Customarily attempts to reassign the employees to successive placements with other organizations at the end of each assignment. [L 2010, c 129, pt of §1; am L 2013, c 174, §4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373L. Professional Employer Organizations › 373L-1.5 Names; registration of person required.

§373L-1.5 Names; registration of person required.
No person within the purview of this chapter shall use the terms "professional employer organization", or
"PEO", or other similar name unless the person is registered and in compliance with this chapter and the rules adopted pursuant to this chapter. [L 2013, c 174, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373L. Professional Employer Organizations › 373L-4 Exemptions.

§373L-4 Exemptions.
A person who engages only in the following activities shall not be deemed a professional employer organization for purposes of this chapter and shall be exempt from the requirements of this chapter:
(1) Arrangements wherein a person, whose principal business activity is not entering into professional employer arrangements and who does not hold the person's self out as a professional employer organization, shares employees with a commonly-owned company within the meaning of [section] 414(b) and (c) of the Internal Revenue Code;
(2) Independent contractor arrangements by which a person assumes responsibility for the product produced or service performed by the person or the person's agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under those arrangements; or
(3) The providing of temporary help services. [L 2010, c 129, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373L. Professional Employer Organizations › 373L-6 Responsibility of professional employer organizations.

§373L-6 Responsibility of professional employer organizations.
During the term of the agreement between a professional employer organization and its client company, the professional employer organization shall be deemed the employer for all covered employees for purposes of complying with all laws relating to unemployment insurance, workers' compensation, temporary disability insurance, and prepaid health care coverage and the professional employer organization shall provide written notification to each covered employee of this responsibility. [L 2013, c 174, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373L. Professional Employer Organizations › 373L-7 Payroll cost exemption.

§373L-7 Payroll cost exemption.
At the end of each calendar year, the department shall provide the names, date of registration, and contact information of all professional employer organizations that have successfully complied with the requirements of this chapter to the department of taxation. The exemption provided under section 237-24.75(3) shall only apply to professional employer organizations that fulfill and maintain the registration requirements under this chapter. [L 2013, c 174, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 373L. Professional Employer Organizations › 373L-8 Fees.

§373L-8 Fees.
(a) No applicant shall be allowed to register pursuant to this chapter unless the appropriate fees have been paid.
(b) Effective July 1, 2013, the director shall collect fees in the following amounts:
(1) Registration fee $ 500
(2) Biennial renewal fee $ 750
(3) Restoration fee $1,500
until such time as the director amends the fees by rulemaking pursuant to chapter 91.
(c) The fees collected pursuant to this section shall be deposited into the state general fund. [L 2013, c 174, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-2 Administration by Hawaii labor relations board.

§377-2 Administration by Hawaii labor relations board.
The Hawaii labor relations board provided for in chapter 89 shall administer the Hawaii employment relations act.
The board shall have a seal for the authentication of its orders and proceedings, upon which shall be inscribed the words "Hawaii Labor Relations Board--Seal". [L 1945, c 250, §4; am L 1951, c 249, §1; RL 1955, §90-3; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; am L 1964, c 56, §2; am L 1965, c 244, §2; HRS §377-2; am L 1985, c 251, §13]
Cross References
Generally, see § §26-20 and 26-34.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-3 Conciliator.

§377-3 Conciliator.
In the event the board receives information that a labor dispute exists and determines that the dispute is within its jurisdiction and that the possibility of settlement and termination of the dispute may be increased by conciliation, the board shall so notify the governor.
Upon receipt of the notice, the governor shall appoint, as conciliator with respect to the dispute, a person who is well-known in the community as being impartial to both labor and industry, and shall so notify the board. The position of conciliator shall not be subject to chapters 76 and 89.
Upon receipt of notice of the appointment of a conciliator, the board shall forthwith refer the dispute to the conciliator. The conciliator shall use the conciliator's best efforts to terminate the dispute by conciliation within the ten days immediately succeeding the reference of the dispute to the conciliator or within such additional time, not to exceed ten days, as is agreed upon by all parties to the dispute. If, within the ten days, or the additional time, if any, the conciliator succeeds in terminating the dispute by conciliation, the conciliator shall immediately certify such fact to the board and the conciliator's appointment shall then end. If, within the ten days, or the additional time, if any, the conciliator fails to terminate the dispute by conciliation, the conciliator shall immediately certify such fact to the board and the conciliator's appointment shall then end. Upon the termination of the appointment of the conciliator, the board shall so notify the governor. [L 1945, c 250, §5; am L 1951, c 249, §2; RL 1955, §90-4; HRS §377-3; am L 1985, c 251, §14; gen ch 1985; am L 2002, c 148, §42]
Cross References
Appointment of mediator, §371-10.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-4 Rights of employees.

§377-4 Rights of employees.
Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, and such employees shall also have the right to refrain from any and all such activities, provided that employees may be required to join a union under an all-union agreement as provided in section 377-6(3). [L 1945, c 250, §6; RL 1955, §90-5; HRS §377-4]
Case Notes
Does not grant professional employees an automatic right to constitute a bargaining unit separate from clerical and administrative employees. 5 H. App. 158, 681 P.2d 587 (1984).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-4.5 Religious exemption from labor organization membership.

§377-4.5 Religious exemption from labor organization membership.
Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that an employee may be required in a contract between an employees' employer and a labor organization in lieu of periodic dues and initiation fees, to pay sums equal to the dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of the Internal Revenue Code, chosen by an employee from a list of at least three funds, designated in the contract or if the contract fails to designate any funds, then to any fund chosen by the employee. If any employee who holds conscientious objections pursuant to this section requests the labor organization to use the grievance-arbitration procedure on the employee's behalf, the labor organization is authorized to charge the employee for the reasonable cost of using the procedure. [L 1982, c 102, §2; am L 1983, c 124, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-4.6 Streamlining union certification.

§377-4.6 Streamlining union certification.
(a) When an employee, group of employees, or any individual or labor organization acting on their behalf, files a petition alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for those purposes, the board shall investigate the petition. If the board finds that a majority of the employees in a unit appropriate for bargaining have signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative, and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the board shall certify the individual or labor organization as the representative without directing an election similar to that under section [377-1].
(b) The board shall adopt rules governing the certification of an exclusive representative under this section and shall have the final determination on any controversy concerning the eligibility of an employee to sign an authorization card and the validity of an employee's signature on an authorization card.
(c) For the purposes of this section, the term "employee" means an employee as defined in section 377-1; provided that the employee is employed by an employer with an annual gross revenue of more than $5,000,000. [L Sp 2009, c 6, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-4.7 Facilitating initial collective bargaining agreements. (a) No later than ten days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (b) If, after the expiration of the ninety-day period beginning on the date on which bargaining commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the board of the existence of a dispute and request conciliation under section 377-3. (c) If, after the expiration of the twenty-day period beginning on the date on which the request for conciliation is made under subsection (b), or such additional period as the parties may agree upon, the conciliator is not able to bring the parties to agreement by conciliation, the board shall refer the dispute to an arbitration panel established in accordance with section 89-11(e)(2)(A) and rules as may be prescribed by the board. The arbitration panel shall render a decision settling the dispute, and the decision shall be binding upon the parties for a period of two years, unless amended during that period by written consent of the parties. [L Sp 2009, c 6, pt of §1]

§377-4.7
Facilitating initial collective bargaining agreements.
(a) No later than ten days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.
(b) If, after the expiration of the ninety-day period beginning on the date on which bargaining commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the board of the existence of a dispute and request conciliation under section 377-3.
(c) If, after the expiration of the twenty-day period beginning on the date on which the request for conciliation is made under subsection (b), or such additional period as the parties may agree upon, the conciliator is not able to bring the parties to agreement by conciliation, the board shall refer the dispute to an arbitration panel established in accordance with section 89-11(e)(2)(A) and rules as may be prescribed by the board. The arbitration panel shall render a decision settling the dispute, and the decision shall be binding upon the parties for a period of two years, unless amended during that period by written consent of the parties. [L Sp 2009, c 6, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-5 Representatives and elections.

§377-5 Representatives and elections.
(a) Representatives chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representatives of all of the employees in such unit for the purposes of collective bargaining. Any individual employee or any minority group of employees in any collective bargaining unit shall have the right at any time to present grievances to their employer in person or through representatives of their own choosing.
(b) Whenever a question arises concerning the determination of a collective bargaining unit as defined in section 377-1, the board, in order to assure to employees the fullest freedom in exercising the rights guaranteed by this chapter, shall conduct an appropriate hearing upon due notice and it shall decide in each case the unit appropriate for the purpose of collective bargaining.
(c) Whenever a question arises concerning the representation of employees in a collective bargaining unit, the board shall determine the representatives thereof by taking a secret ballot of employees and certifying in writing the results thereof to the interested parties and to their employer. There shall be included on any ballot for the election of representatives the names of all persons submitted by an employee or group of employees participating in the election, except that the board may in its discretion exclude from the ballot one who, at the time of the election, stands deprived of one's rights under this chapter by reason of a prior adjudication of one's having engaged in an unfair labor practice. The ballot shall be so prepared as to permit of a vote against representation by anyone named on the ballot. The board's certification of the results of any election shall be conclusive unless an appeal is taken therefrom under this chapter.
(d) Questions concerning the representation of employees may be raised by petition of any employee, or group of employees, or the employee's representative, or labor organization acting in their behalf, or by petition of the employee's employer in the case of jurisdictional disputes, or in any case after a union has requested recognition. Where it appears by the petition that an emergency exists requiring prompt action, the board shall act upon the petition forthwith and hold the election requested within such time as will meet the requirements of the emergency presented. The fact that one election has been held shall not prevent the holding of another election among the same group of employees, if it appears to the board that sufficient reason therefor exists. In any election where the choices on the ballot do not receive a majority, a run off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. [L 1945, c 250, §7; RL 1955, §90-6; am L 1965, c 244, §3; HRS §377-5; am L 1985, c 251, §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-7 Unfair labor practices of employees.

§377-7 Unfair labor practices of employees.
It shall be an unfair labor practice for an employee individually or in concert with others:
(1) To coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed in section 377-4;
(2) To coerce, intimidate, or induce any employer to interfere with any of the employer's employees in the enjoyment of their legal rights, including those guaranteed in section 377-4, or to engage in any practice with regard to the employer's employees which would constitute an unfair labor practice if undertaken by the employer on the employer's own initiative;
(3) To violate the terms of a collective bargaining agreement;
(4) To refuse or fail to recognize or accept as conclusive of any issue in any controversy as to employment relations the final determination of the board or of any tribunal of competent jurisdiction;
(5) To cooperate in engaging in, promoting, or inducing picketing (not constituting an exercise of constitutionally guaranteed freedom of speech), boycotting or any other overt act accompanying a strike unless a majority in a collective bargaining unit of the employees of an employer against whom such acts are primarily directed have voted by secret ballot to call a strike;
(6) To hinder or prevent, by mass picketing, threats, intimidation, force, or coercion of any kind the pursuit of any lawful work or employment, or to obstruct or interfere with entrance to or egress from any place of employment, or to obstruct or interfere with free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance;
(7) To engage in a secondary boycott; or to hinder or prevent by threats, intimidation, force, coercion, or sabotage, the obtaining, use, or disposition of materials, equipment, or services; or to combine or conspire to hinder or prevent, by any means whatsoever, the obtaining, use, or disposition of materials, equipment, or service. Nothing herein shall prevent sympathetic strikes in support of those in similar occupations working for other employers in the same craft;
(8) To take unauthorized possession of property of the employer or to engage in any concerted effort to interfere with production except by leaving the premises in an orderly manner for the purpose of going on strike;
(9) To fail to give the notice of intention to strike provided in section 377-12. [L 1945, c 250, pt of §8; RL 1955, §90-8; HRS §377-7; am L 1985, c 251, §17; gen ch 1985]
Cross References
Practices of government employees, see chapter 89.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-8 Unfair labor practices of any person.

§377-8 Unfair labor practices of any person.
It shall be an unfair labor practice for any person to do or cause to be done, on behalf or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any act prohibited by sections 377-6 and 377-7. [L 1945, c 250, pt of §8; RL 1955, §90-9; HRS §377-8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-10 Financial reports to employees.

§377-10 Financial reports to employees.
Every person acting as the representative of employees for collective bargaining shall keep an adequate record of the person's financial transactions and shall present annually, to such employees as may be members of the association with which the representative is connected, within sixty days after the end of the person's fiscal year a detailed written financial report thereof in the form of a balance sheet and an operating statement. In the event of failure of compliance with this section, any such employee may petition the board for an order compelling such compliance. An order of the board on such petition shall be enforceable in the same manner as other orders of the board under this chapter. [L 1945, c 250, §10; RL 1955, §90-11; HRS §377-10; am L 1985, c 251, §19; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-11 Rules.

§377-11 Rules.
The board may adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with chapter 91. [L 1945, c 250, §11; RL 1955, §90-12; am L 1965, c 96, §67 superseded by c 244, §6; HRS §377-11; am L 1985, c 251, §20]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-12 Strike notice.

§377-12 Strike notice.
Where the exercise of the right to strike by employees of any employer engaged in the State in the production, harvesting, or initial processing of any farm, agricultural, or dairy product produced in the State would tend to cause the destruction or serious deterioration of the product, such employees shall give to the board at least ten days' notice of their intention to strike, and the board shall immediately advise the employer of the notice. [L 1945, c 250, §12; RL 1955, §90-13; HRS §377-12; am L 1985, c 251, §21]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-13 Public records and proceedings.

§377-13 Public records and proceedings.
The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the public. [L 1945, c 250, §13; RL 1955, §90-14; HRS §377-13; am L 1985, c 251, §22]
Cross References
Records, see chapter 92.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-14 List of labor organizations.

§377-14 List of labor organizations.
The board shall maintain a list of labor organizations. To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its secretary or other officer to whom notices may be sent, the date of its organization, and its affiliations, if any, with other organizations. No other qualifications for inclusion shall be required, but every labor organization shall notify the board promptly of any change of name, or of the name and address of its secretary or other officer to whom notices may be sent, or of its affiliations. [L 1945, c 250, §14; RL 1955, §90-15; HRS §377-14; am L 1985, c 251, §23]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-15 Penalty.

§377-15 Penalty.
Any person who wilfully assaults, resists, prevents, impedes, or interferes with the conciliator or any member of the board or any of the agents or agencies of either in the performance of duties pursuant to this chapter shall be fined not more than $500 or imprisoned not more than one year, or both. [L 1945, c 250, §15; RL 1955, §90-16; HRS §377-15; am L 1985, c 251, §24]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-16 Construction.

§377-16 Construction.
Except as specifically provided in this chapter, nothing herein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work, nor shall anything in this chapter be so construed as to invade unlawfully the right to freedom of speech. [L 1945, c 250, §16; RL 1955, §90-17; HRS §377-16]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-17 Conflicting provisions.

§377-17 Conflicting provisions.
Wherever the application of the provisions of other laws conflicts with the application of the provisions of this chapter, this chapter shall prevail, provided that in any situation where the provisions of this chapter cannot be validly enforced the provisions of such other laws shall apply. [L 1945, c 250, §18; RL 1955, §90-18; HRS §377-17]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 377. Hawaii Employment Relations Act › 377-18 Cooperation with National Labor Relations Board.

§377-18 Cooperation with National Labor Relations Board.
The conciliator and the board shall cooperate with the National Labor Relations Board and its agents and representatives. [L 1945, c 250, §20; RL 1955, §90-19; HRS §377-18; am L 1985, c 251, §25]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.

§378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited.
(a) No employer shall enter into or require an employee to enter into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between an employer and an employee.
(b) No employer shall retaliate against an employee for disclosing or discussing sexual harassment or sexual assault.
(c) This section shall not apply to:
(1) Human resources employees who are expected to maintain the confidentiality of an investigation as part of their official duties;
(2) Employees who are requested to maintain the confidentiality of an ongoing human resources investigation; and
(3) Proceedings pursuant to section 624-25.5. [L 2020, c 17, §1; am L 2022, c 288, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-2.3 Equal pay. (a) No employer shall discriminate between employees because of any protected category listed in section 378-2(a)(1) by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from: (1) A seniority system; (2) A merit system; (3) A system that measures earnings by quantity or quality of production; (4) A bona fide occupational qualification; or (5) A differential based on any other permissible factor other than any of the protected categories listed in section 378-2(a)(1), do not violate this section. (b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section. [L 2005, c 35, §2; am L 2018, c 108, §3; am L 2023, c 203, §3]

§378-2.3
Equal pay.
(a) No employer shall discriminate between employees because of any protected category listed in section 378-2(a)(1) by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establishment for substantially similar work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions. Payment differentials resulting from:
(1) A seniority system;
(2) A merit system;
(3) A system that measures earnings by quantity or quality of production;
(4) A bona fide occupational qualification; or
(5) A differential based on any other permissible factor other than any of the protected categories listed in section 378-2(a)(1),
do not violate this section.
(b) An employer shall not retaliate or discriminate against an employee for, nor prohibit an employee from, disclosing the employee's wages, discussing and inquiring about the wages of other employees, or aiding or encouraging other employees to exercise their rights under this section. [L 2005, c 35, §2; am L 2018, c 108, §3; am L 2023, c 203, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-2.4 Employer inquiries into and consideration of salary or wage history.

§378-2.4 Employer inquiries into and consideration of salary or wage history.
(a) No employer, employment agency, or employee or agent thereof shall:
(1) Inquire about the salary history of an applicant for employment; or
(2) Rely on the salary history of an applicant in determining the salary, benefits, or other compensation for the applicant during the hiring process, including the negotiation of an employment contract.
(b) Notwithstanding subsection (a), an employer, employment agency, or employee or agent thereof, without inquiring about salary history, may engage in discussions with an applicant for employment about the applicant's expectations with respect to salary, benefits, and other compensation; provided that if an applicant voluntarily and without prompting discloses salary history to an employer, employment agency, or employee or agent thereof, the employer, employment agency, or employee or agent thereof, may consider salary history in determining salary, benefits, and other compensation for the applicant, and may verify the applicant's salary history.
(c) This section shall not apply to:
(1) Applicants for internal transfer or promotion with their current employer;
(2) Any attempt by an employer, employment agency, or employee or agent thereof, to verify an applicant's disclosure of non-salary related information or conduct a background check; provided that if a verification or background check discloses the applicant's salary history, that disclosure shall not be relied upon during the hiring process for purposes of determining the salary, benefits, or other compensation of the applicant, including the negotiation of an employment contract; and
(3) Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining.
(d) For purposes of this section:
"Inquire" means to:
(1) Communicate any question or statement to an applicant for employment, an applicant's current or prior employer, or a current or former employee or agent of the applicant's current or prior employer, in writing, verbally, or otherwise, for the purpose of obtaining an applicant's salary history; or
(2) Conduct a search of publicly available records or reports for the purpose of obtaining an applicant's salary history;
provided that this shall not include informing an applicant, in writing or otherwise, about the proposed or anticipated salary or salary range for the position.
"Salary history" includes an applicant for employment's current or prior wage, benefits, or other compensation, but shall not include any objective measure of the applicant's productivity, such as revenue, sales, or other production reports. [L 2018, c 108, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-2.7 Employer inquiries into and consideration of credit history or credit report.

§378-2.7 Employer inquiries into and consideration of credit history or credit report.
(a) Notwithstanding section [378-2(a)(8)]:
(1) Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after the prospective employee has received a conditional offer of employment, which may be withdrawn if information in the credit history or credit report is directly related to a bona fide occupational qualification;
(2) The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to employers who are expressly permitted or required to inquire into an individual's credit history for employment purposes pursuant to any federal or state law;
(3) The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to managerial or supervisory employees; and
(4) The prohibition against an employer's refusal to hire or employ, barring or terminating from employment, or otherwise discriminating on the basis of credit history shall not apply to employers that are financial institutions in which deposits are insured by a federal agency having jurisdiction over the financial institution.
(b) For the purposes of this section:
"Managerial employee" means an individual who formulates and effectuates management policies by expressing and making operative the decisions of the individual's employer.
"Supervisory employee" means an individual having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. [L Sp 2009, c 1, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-2.8 Job listing; disclosures.

§378-2.8 Job listing; disclosures.
(a) Job listings shall disclose an hourly rate or salary range that reasonably reflects the actual expected compensation.
(b) This section shall not apply to job listings for:
(1) Positions that are internal transfers or promotions within a current employer;
(2) Public employee positions for which salary, benefits, or other compensation are determined pursuant to collective bargaining; or
(3) Positions with employers having fewer than fifty employees. [L 2023, c 203, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-4 Enforcement jurisdiction.

§378-4 Enforcement jurisdiction.
The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by this part. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission a complaint in accordance with the procedure established under chapter 368. [L 1981, c 94, pt of §2; am L 1989, c 386, §8]
Case Notes
In action alleging unlawful discharge in violation of §378-2, time for filing administrative complaint begins to run on date that employee is actually discharged, that is, on date that employment terminates. 76 H. 454, 879 P.2d 1037 (1994).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-6 Inspection; investigation; records.

§378-6 Inspection; investigation; records.
(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the commission that an unlawful discriminatory practice may have been or is being committed, the commission's authorized representative shall have access to the premises of the parties or persons reasonably connected thereto, records, documents, and other material relevant to the complaint and shall have the right to examine, photograph, and copy that material, and may question employees and make investigation to determine whether any person has violated this part or any rule issued hereunder or which may aid in the enforcement of this part.
(b) Every employer, employment agency, and labor organization shall:
(1) Make and keep records relevant to this part, and
(2) Make such reports therefrom, as the commission shall prescribe by rule or order. [L 1981, c 94, pt of §2; gen ch 1985; am L 1989, c 386, §10]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-26 Definitions.

§378-26 Definitions.
As used in this part:
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Employee" means any individual in the employment of an employer.
"Employer" includes any individual, partnership, association, corporation, business trust, legal representative, receiver, trustee, or successor of any of the same, or any organized group of persons, acting directly or indirectly in the interest of any employer in relation to an employee.
"Lie detector test" means a test to detect deception or to verify the truth of statements through the use of any psychophysiological measuring device, such as, but not limited to, polygraph tests and voice stress analyzers.
"Person" means one or more individuals, and includes, but is not limited to, a partnership, association, or corporation, legal representative, trustee, trustee in bankruptcy, receiver, or the State or any of its political subdivisions.
"Prospective employee" means any individual who has applied for or otherwise actively expressed interest in employment with an employer. [L 1985, c 241, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-26.5 Unlawful practices.

§378-26.5 Unlawful practices.
It shall be unlawful for any employer to:
(1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment;
(2) Terminate or otherwise discriminate against any employee or prospective employee for refusing to submit to a lie detector test;
(3) Ask an employee or prospective employee whether the employee or prospective employee is willing to submit to a lie detector test unless the employee or prospective employee is informed orally and in writing that the test is voluntary and the refusal to submit to the test will not result in termination of the employee or will not jeopardize the prospective employee's chance of a job;
(4) Subject a prospective employee to a lie detector test which includes inquiries deemed unlawful under section 378-2;
(5) Utilize any device that intrudes into any part or cavity of the body for the purpose of truth verification; or
(6) Discharge or otherwise discriminate against any employee or prospective employee because such person has filed a complaint, testified, or assisted in any proceeding respecting the unlawful practices prohibited under this part. [L 1985, c 241, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-27 Exception.

§378-27 Exception.
Nothing in this part shall be deemed to:
(1) Repeal or affect any law or ordinance or government rule or regulation having the force and effect of law;
(2) Apply to lie detector tests administered by any law enforcement or corrections agency;
(3) Apply to the United States and any subdivision thereof;
(4) Conflict with or affect the application of security regulations in employment established by the United States or the State; or
(5) Apply to psychological tests administered by a law enforcement or corrections agency to determine the suitability of a candidate for employment with the law enforcement or corrections agency. [L 1985, c 241, pt of §1; am L 2017, c 76, §1]
Note
The 2017 amendment applies to any pending suitability assessments prior to July 3, 2017. L 2017, c 76, §2.