reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-27.5 Enforcement jurisdiction; complaint against unlawful practice.

§378-27.5 Enforcement jurisdiction; complaint against unlawful practice.
(a) The department shall have jurisdiction over practices made unlawful by this part. Any prospective employee or employee claiming to be aggrieved by an unlawful practice may file with the department a verified complaint in writing which shall state the name and address of the prospective employer or employer alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain such other information as may be required by the department. The attorney general, or the department upon its own initiative, in like manner, may make and file such a complaint.
(b) A complaint may be filed on behalf of a class by the attorney general or the department, and a complaint so filed may be investigated, conciliated, and litigated on a class action basis.
(c) No complaint shall be filed after the expiration of thirty days after the date upon which the alleged unlawful practice occurred or is discovered to have occurred, whichever is later. [L 1985, c 241, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.

§378-28.5 Investigation; oaths; affidavits; subpoena; witnesses; immunities.
(a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice may have been or is being committed, the director or an 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 such material, and may question such employees and make such investigation to determine whether any person has violated this part or any rule or regulation issued under this part or which may aid in the enforcement of this part.
(b) The director or an authorized representative may administer oaths and may issue subpoenas or subpoena duces tecum to compel the attendance and testimony of witnesses or the production of books, payrolls, records, correspondence, documents, or any other material relating to any matter under investigation.
(c) If a person fails to comply with a subpoena issued under this section, any circuit court, upon application of the director or the director's authorized representative, may issue an order requiring compliance. [L 1985, c 241, pt of §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-29.3 Penalties.

§378-29.3 Penalties.
(a) Civil. Any employer found in violation of this part 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.
(b) Criminal. Whoever intentionally resists, prevents, impedes, or interferes with the department or any of its agents or representatives in the performance of duties pursuant to this part, or who in any manner intentionally violates any provision of this chapter, or rule adopted thereunder, shall be fined no more than $2,500, or imprisoned no more than one year, or both.
(c) All criminal actions for violations of this part or any rule issued pursuant thereto, shall be prosecuted by the attorney general or public prosecutor. [L 1985, c 241, pt of §1; am L 2020, c 44, §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-31 Definitions.

§378-31 Definitions.
As used in this part:
"Appeal board" means the labor and industrial relations [appeals] board.
"Department" means the department of labor and industrial relations.
"Director" means the director of labor and industrial relations.
"Employee" includes any person suffered or permitted to work.
"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 persons, but shall not include the State or any political subdivision thereof or the United States.
"Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. It shall include the reasonable cost, as determined by the director under chapter 387, to the employer of furnishing an employee with board, lodging, or other facilities if the board, lodging, or other facilities are customarily furnished by the employer to the employer's employees but shall not include tips or gratuities of any kind. [L 1967, c 22, pt of §1; HRS §378-31; am L 1976, c 200, pt of §1; gen ch 1985]
Revision Note
Numeric designations deleted and definitions rearranged pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-33 Complaint against unlawful suspension, discharge, or discrimination.

§378-33 Complaint against unlawful suspension, discharge, or discrimination.
(a) Any employee aggrieved by an alleged unlawful suspension, discharge, or discrimination may file with the department of labor and industrial relations a complaint in writing, stating the name and address of the employer alleged to have committed the unlawful suspension, discharge, or discrimination, and shall set forth the particulars thereof and other information as may be required by the department.
(b) No complaint shall be filed after the expiration of thirty days after the alleged act of unlawful suspension, discharge, or discrimination, or after the employee learns of the suspension or discharge, except that a complaint for an alleged act of unlawful discharge under section [378-32(a)(2)] occurring while the aggrieved employee is still physically or mentally incapacitated and unable to work also may be filed before the expiration of thirty days after the date the aggrieved employee is able to return to work. [L 1967, c 22, pt of §1; HRS §378-33; am L 1974, c 150, §1; am L 1981, c 10, §2; am L 1984, c 196, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-34 Proceeding and hearing on complaint.

§378-34 Proceeding and hearing on complaint.
(a) After the filing of any complaint, the department of labor and industrial relations shall serve a copy of the complaint upon the employer charged. Service may be by delivery to the employer or by mail. The employer may file an answer to the complaint.
(b) A hearing on the complaint shall be held by the department in conformance with chapter 91. [L 1967, c 22, pt of §1; HRS §378-34]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-35 Findings and order.

§378-35 Findings and order.
If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinstatement to the prior position, as the case may be, of the employee with or without backpay or may order the payment of backpay without any such reinstatement. [L 1967, c 22, pt of §2; HRS §378-35; am L 1981, c 10, §3]
Case Notes
Appellate court affirmed district court's denial of defendant's motion for summary judgment where defendant, a food distributor, allegedly forced the resignation of plaintiff, a delivery truck driver, due to a shoulder injury; finding that there was no indication that a workplace injury could not serve as the disability in an Americans with Disability Act claim. In other words, just because an injury happened at work does not mean that a plaintiff can only assert a claim under this section or §378-32. 908 F.3d 428 (2018).
Where public policy against terminating employee solely because employee suffered a compensable work injury is evidenced in §378-32 and remedy is available under this section, judicially created claim of wrongful discharge in violation of public policy could not be maintained. 87 H. 57 (App.), 951 P.2d 507 (1998).
Discussed: 945 F. Supp. 2d 1133 (2013).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-37 Enforcement of order; judgment rendered thereon.

§378-37 Enforcement of order; judgment rendered thereon.
If an employer fails or neglects to comply with the final order of the department of labor and industrial relations from which no appeal has been taken as provided by this part, the department or the employee affected may apply to the circuit court of the judicial circuit in which the employer resides or transacts business for a judgment to enforce the provisions of the final order and for any other appropriate relief. In any proceeding to enforce the provisions of the final order, the department or the employee affected need only file with the court proof that notice of the hearing was given, a certified copy of the final order, and proof that the final order was served. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by the court. [L 1967, c 22, pt of §1; HRS §378-37; am L 1986, c 21, §1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-38 Rules and regulations.

§378-38 Rules and regulations.
The director of labor and industrial relations shall adopt rules and regulations as the director deems necessary for the purpose of carrying out this part. [L 1967, c 22, pt of §1; HRS §378-38; gen ch 1985]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-51 Action against labor organization, limitation.

§378-51 Action against labor organization, limitation.
Any complaint, whether founded upon any contract obligation or for the recovery of damage or injury to persons or property, by an employee against a labor organization for its alleged failure to fairly represent the employee in an action against an employer shall be filed within ninety days after the cause of action accrues, and not thereafter.
Where the alleged failure to fairly represent an employee arises from a grievance, the cause of action shall be deemed to accrue when an employee receives actual notice that a labor organization either refuses or has ceased to represent the employee in a grievance against an employer. Where the alleged failure is related to negotiations or collective bargaining, the cause of action shall be deemed to accrue when the applicable collective bargaining agreement or amendment thereto is executed. [L 1980, c 35, §1]
Case Notes
Employee's claim that union failed to provide fair and adequate representation was time-barred. 779 F. Supp. 1265 (1991).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-63 Civil actions for injunctive relief or damages.

§378-63 Civil actions for injunctive relief or damages.
(a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.
(b) An action commenced pursuant to subsection (a) may be brought in the circuit court for the circuit where the alleged violation occurred, where the complainant resides, or where the person against whom the civil complaint is filed resides or has a principal place of business.
(c) As used in subsection (a), "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney fees. [L 1987, c 267, pt of §1; am L 2002, c 56, §3]
Case Notes
Plaintiff's state whistleblower claim under §378-62 barred, where plaintiff did not file complaint until well after the ninety-day period after the most recent alleged violation of the whistleblowers' protection act. 75 F. Supp. 2d 1113 (1999).
Count of complaint alleging that plaintiff was wrongfully discharged in violation of 31 U.S.C. §3730(h) of the False Claims Act was time-barred, where the court found that the Hawaii Whistleblowers' Protection Act provided the state cause of action most closely analogous to a 31 U.S.C. §3730(h) claim for retaliatory discharge, and thus applied a ninety-day statute of limitations to plaintiff's claim for retaliatory discharge. 362 F. Supp. 2d 1203 (2005).
Plaintiff's Whistleblowers' Protection Act claim was time-barred, where plaintiff took more than two years after the date of the last adverse action that plaintiff identified as relevant to the lawsuit to file suit. 938 F. Supp. 2d 1000 (2013).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-64 Remedies ordered by court.

§378-64 Remedies ordered by court.
A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages, or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney's fees and witness fees, if the court determines that the award is appropriate. [L 1987, c 267, pt of §1; am L 2011, c 166, §6]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-65 Penalties for violations

§378-65 Penalties for violations
. (a) A person or public employer who violates this part shall be fined no less than $750 nor more than $7,500 for each violation.
(b) A civil fine that is ordered pursuant to this part shall be deposited with the director of finance to the credit of the general fund of the State. [L 1987, c 267, pt of §1; am L 2002, c 56, §4; am L 2011, c 166, §7; am L 2020, c 44, §3]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-66 Collective bargaining and confidentiality rights, takes precedence.

§378-66 Collective bargaining and confidentiality rights, takes precedence.
(a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any person to the continued protection of confidentiality of communications where statute or common law provides such protection.
(b) Where a collective bargaining agreement provides an employee rights and remedies superior to the rights and remedies provided herein, contractual rights shall supersede and take precedence over the rights, remedies, and procedures provided in this subpart. Where a collective bargaining agreement provides inferior rights and remedies to those provided in this subpart, the provisions of this subpart shall supersede and take precedence over the rights, remedies, and procedures provided in collective bargaining agreements. [L 1987, c 267, pt of §1; am L 2011, c 166, §8]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-67 Compensation for employee participation in investigation, hearing, or inquiry.

§378-67 Compensation for employee participation in investigation, hearing, or inquiry.
This subpart shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with section 378-62 of this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §9]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-68 Notices of employee protections and obligations.

§378-68 Notices of employee protections and obligations.
An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §10]
Cross References
Employee protection, see §128D-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-69 Conflict with common law, precedence.

§378-69 Conflict with common law, precedence.
The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a conflict between the terms and provisions of this part and any other law on the subject the more beneficial provisions favoring the employee shall prevail. [L 1987, c 267, pt of §1]
Case Notes
Mentioned: 654 F. Supp. 2d 1122 (2008).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-70 Protected disclosure by a public employee.

§378-70 Protected disclosure by a public employee.
(a) In addition to any other protections under this part, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee regarding the public employee's compensation, terms, conditions, location, or privileges of employment because the public employee, or a person acting on behalf of the public employee, reports or is about to report to the public employer or a public body, verbally or in writing:
(1) Any violation or suspected violation of a federal, state, or county law, rule, ordinance, or regulation; or
(2) Any violation or suspected violation of a contract executed by the State, a political subdivision of the State, or the United States,
unless the employee knows that the report is false.
(b) Every public employer shall post notices pertaining to the application of sections 378-70 and 396-8(e), as shall be prescribed by the department of labor and industrial relations, in conspicuous places in every workplace. [L 2011, c 166, §4]
Case Notes
Although plaintiff, a vocational rehabilitation specialist with the department of human services, argued that the state legislature specifically intended to consent to federal jurisdiction in whistleblower cases involving public employees when it enacted this section, the court found that nothing in its plain language, or elsewhere in the state Whistleblowers' Protection Act, demonstrated the State's express consent to federal suit. Rather, this section expanded whistleblower protections to public employees by providing greater avenues to state court. 349 F. Supp. 3d 1019 (2018).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-71 Definitions.

Note
Part heading amended by L 2011, c 206, §3(1).
[A.] General Provisions
Note
Section 378-71 designated as Subpart A by L 2011, c 206, §3(2).
§378-71 Definitions.
As used in this part:
"Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee.
"Course of conduct" means acts over any period of time of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications or threats implied by conduct.
"Domestic abuse" means conduct defined in section 586-1.
"Domestic or sexual violence" means domestic abuse, sexual assault, or stalking.
"Electronic communications" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager.
"Employee" means a person who performs services for hire for not fewer than six consecutive months for the employer from whom benefits are sought under this chapter.
"Health care provider" means a physician as defined under section 386-1.
"Sexual assault" means any conduct proscribed by chapter 707, part V.
"Stalking" means engaging in a course of conduct directed at a specifically targeted person that would cause a reasonable person to suffer substantial emotional distress or to fear bodily injury, sexual assault, or death to the person or to the person's spouse, parent, child, or any other person who regularly resides in the person's household, and where the conduct does cause the targeted person to have such distress or fear.
"Victim services organization" includes:
(1) A nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including a rape crisis center;
(2) An organization operating a shelter or providing professional counseling services; or
(3) An organization providing assistance through the legal process. [L 2003, c 60, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-73 Relationship to other leaves.

§378-73 Relationship to other leaves.
If an employee is entitled to take paid or unpaid leave pursuant to other federal, state, or county law, or pursuant to an employment agreement, a collective bargaining agreement, or an employment benefits program or plan, which may be used for the purposes listed under section 378-72(a), the employee shall exhaust such other paid and unpaid leave benefits before victim leave benefits under this chapter may be applied. The combination of such other paid or unpaid leave benefits that may be applied and victim leave benefits shall not exceed the maximum number of days specified under section 378-72(a). [L 2003, c 60, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-74 Effect on employment and collective bargaining agreements; benefits.

§378-74 Effect on employment and collective bargaining agreements; benefits.
Nothing in this part shall be construed to supersede any provision of any employment agreement, collective bargaining agreement, or employment benefits program or plan that provides greater benefits or rights than those benefits or rights established under section 378-72. [L 2003, c 60, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-81 Reasonable accommodations.

§378-81 Reasonable accommodations.
[(a)] An employer shall make reasonable accommodations in the workplace for an employee who is a victim of domestic or sexual violence, including:
(1) Changing the contact information, such as telephone numbers, fax numbers, or electronic-mail addresses, of the employee;
(2) Screening the telephone calls of the employee;
(3) Restructuring the job functions of the employee;
(4) Changing the work location of the employee;
(5) Installing locks and other security devices; and
(6) Allowing the employee to work flexible hours;
provided that an employer shall not be required to make the reasonable accommodations if they cause undue hardship on the work operations of the employer.
(b) Prior to making the reasonable accommodations under this section, an employer may verify that an employee is a victim of domestic or sexual violence as provided in section 378-2(b).
(c) As used in this section, "undue hardship" means an action requiring significant difficulty or expense on the operation of an employer, when considered in light of the following factors:
(1) The nature and cost of the reasonable accommodation needed under this section;
(2) The overall financial resources of the employer; the number of employees of the employer; and the number, type, and placement of the work locations of an employer; and
(3) The type of operation of the employer, including the composition, structure, and functions of the workforce of the employer, the geographic separateness of the victim's work location from the employer, and the administrative or fiscal relationship of the work location to the employer. [L 2011, c 206, pt of §3(4)]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-82 Civil actions.

§378-82 Civil actions.
Any employee denied reasonable accommodations by an employer in violation of this subpart may file a civil action against the employer to enforce this subpart and recover costs, including reasonable attorney's fees, incurred in the civil action. [L 2011, c 206, pt of §3(4)]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-91 Definitions.

Cross References
Breastfeeding in public accommodations, see § §489-21 to 489-23.
§378-91 Definitions.
As used in this part:
"Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes an individual employed by the State or a political subdivision of the State.
"Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof, but does not include the United States. [L 2013, c 249, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-92 Opportunity to express milk.

§378-92 Opportunity to express milk.
(a) An employer shall provide:
(1) Reasonable break time for an employee to express milk for the employee's nursing child for one year after the child's birth each time the employee has a need to express breast milk; and
(2) A location, other than the restroom, that is shielded from view and free from intrusion from coworkers and the public that may be used by an employee to express breast milk.
(b) Every employer covered by this section shall post a notice in a conspicuous place accessible to employees and use other appropriate means to keep the employer's employees informed of the protections and obligations under this part.
(c) Subsection (a) shall not apply to any employer who has fewer than twenty employees if the employer can show that the requirements under subsection (a) would impose an undue hardship by causing the employer significant difficulty or expense in relation to the size, financial resources, nature, or structure of the employer's business. [L 2013, c 249, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-93 Civil actions for injunctive relief or damages.

§378-93 Civil actions for injunctive relief or damages.
(a) An employee who alleges a violation of this part may bring a civil action for appropriate injunctive relief, actual damages, or both within two years after the occurrence of the alleged violation.
(b) A cause of action pursuant to subsection (a) may be brought in the appropriate court in the circuit where the alleged violation occurred, where the plaintiff resides, or where the defendant resides or has a [principal] place of business.
(c) A defendant who violates this part shall be fined $500 for each violation. A civil fine that is ordered pursuant to this section shall be deposited with the director of finance to the credit of the state general fund.
(d) For purposes of this section, "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney's fees. [L 2013, c 249, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-101 Definitions.

§378-101 Definitions.
As used in this part:
"Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes:
(1) A prospective employee who has applied for or otherwise actively expressed interest in employment with an employer; and
(2) An individual employed by the State or a political subdivision of the State.
"Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof but does not include the United States.
"Employer-owned communication device" means a device allowing for electronic communications, such as a mobile phone or tablet, that is owned or whose cost is reimbursed by the employer.
"Mobile application" means a type of application software designed to run on a mobile electronic device, such as a smartphone or tablet computer.
"Personal communication device" means a device allowing for electronic communication, including a mobile phone and tablet, that is not owned, or the cost of which is not reimbursed, by the employer. [L 2021, c 206, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-102 Unlawful practices.

§378-102 Unlawful practices.
It shall be unlawful for any employer to:
(1) Require an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed as a condition of employment or continued employment; or
(2) Terminate, discharge, or otherwise discriminate against an employee for:
(A) Refusing to download or refusing to consent to download to the employee's personal communication device, a mobile application that enables the employee's location to be tracked or the employee's personal information to be revealed; or
(B) Opposing any practice forbidden by this part or filing a complaint, testifying, or assisting in any proceeding concerning an unlawful practice prohibited under this part. [L 2021, c 206, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-103 Exception.

§378-103 Exception.
Nothing in this part shall be deemed to:
(1) Repeal or affect any law, ordinance, rule, or regulation having the force and effect of law;
(2) Apply to the United States government;
(3) Conflict with or affect the application of security regulations in employment established by the United States or the State;
(4) Apply if the employee consents to downloading the mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed; or
(5) Prohibit an employer from requiring an employee to carry or use an employer-owned communication device that enables the employee's location to be tracked. [L 2021, c 206, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 378. Employment Practices › 378-104 Civil actions for injunctive relief or damages.

§378-104 Civil actions for injunctive relief or damages.
(a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, actual damages, or both within two years after the occurrence of the alleged violation.
(b) A cause of action pursuant to subsection (a) may be brought in the appropriate court in the circuit where the alleged violation occurred, where the plaintiff resides, or where the defendant resides or has a principal place of business.
(c) A defendant who violates this part shall be fined $500 for each violation. A civil fine that is ordered pursuant to this section shall be deposited with the director of finance to the credit of the general fund.
(d) For purposes of this section, "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney's fees. [L 2021, c 206, pt of §2]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 379. Recruiting and Hiring of Employees During Labor Disputes › 379-1 Definitions.

§379-1 Definitions.
The term "labor disputes" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. [L 1967, c 18, pt of §2; HRS §379-1]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 379. Recruiting and Hiring of Employees During Labor Disputes › 379-2 Unlawful practices.

§379-2 Unlawful practices.
It shall be unlawful for any person:
(1) To recruit, procure, supply, or refer any person for employment in place of an employee involved in a labor dispute in which the person recruiting, procuring, supplying, or referring is not directly interested.
(2) When involved in a labor dispute, to employ in place of an employee involved in such labor dispute any person who customarily and repeatedly offers oneself for employment in the place of employees involved in a labor dispute, or to knowingly employ any person in place of an employee involved in a labor dispute who is recruited, procured, supplied, or referred for employment by any person not directly involved in the labor dispute.
(3) Who customarily and repeatedly offers oneself for employment in place of employees involved in a labor dispute to take or offer to take the place in employment of employees involved in a labor dispute.
(4) Involved in a labor dispute to contract or arrange with any other person to recruit, procure, supply, or refer persons for employment in place of employees involved in the labor dispute. [L 1967, c 18, pt of §2; HRS §379-2; gen ch 1985]
Case Notes
Plaintiff had standing to seek declaratory judgment that all [paragraphs] of this [section] were unconstitutional or preempted, where, inter alia, plaintiff's interests were adversely impacted by the application of paragraphs (1) and (3), since plaintiff could be prosecuted under Hawaii law for criminal conspiracy under these paragraphs. 82 F. Supp. 2d 1151 (2000), amended, 103 F. Supp. 2d 1233 (2000).
Section unenforceable as it applies to private employers covered by National Labor Relations Act (NLRA) and private third party employment or recruitment agencies in their dealings with employers covered by NLRA. 82 F. Supp. 2d 1151 (2000), amended, 103 F. Supp. 2d 1233 (2000).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 379. Recruiting and Hiring of Employees During Labor Disputes › 379-3 Advertising.

§379-3 Advertising.
(a) If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television, or by means of any employment agency to work for that person or the person for whom that person is acting at any shop, plant, or establishment, while a labor dispute is still in active progress at the shop, plant, or establishment, that person shall plainly and explicitly mention in the advertisement or solicitation that a labor dispute exists.
(b) The person soliciting or advertising for employees in the manner set forth in this section shall use in the advertisement or solicitation that person's own name, and, if that person is representing another, the name of the person that person is representing and at whose direction and under whose authority the solicitation or advertisement is made. The appearance of this name in connection with the advertisement or solicitation shall be deemed prima facie evidence as to the person responsible for the advertisement or solicitation. [L 1967, c 18, pt of §2; HRS §379-3; am L 2016, c 55, §6]
Case Notes
Section not preempted by federal law; among other things, requiring truthful advertising does not affect employer's ability to find replacements. 82 F. Supp. 2d 1151 (2000), amended, 103 F. Supp. 2d 1233 (2000).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 379. Recruiting and Hiring of Employees During Labor Disputes › 379-4 Penalty.

§379-4 Penalty.
Any person, or agent, or officer thereof, who violates this chapter is punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both. [L 1967, c 18, pt of §2; HRS §379-4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 379A. Picketing of Residence or Dwelling Place › 379A-1 Picketing of residence or dwelling prohibited.

§379A-1 Picketing of residence or dwelling prohibited.
It shall be unlawful for any person to engage in picketing before or about the residence or dwelling place of any individual. Nothing herein shall be deemed to prohibit[:]
(1) The picketing in any lawful manner, during a labor dispute, of the place of employment involved in such labor dispute; or
(2) The holding of a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest. [L Sp 1949, c 8, §2; RL 1955, §300-2; HRS §757-1; ren L 1972, c 9, pt of §1]
Revision Note
In the last sentence, (1) and (2) reformatted as paragraphs (1) and (2) pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 379A. Picketing of Residence or Dwelling Place › 379A-2 Penalty.

§379A-2 Penalty.
Any person violating section 379A-1 shall be fined not more than $200 or imprisoned not more than six months, or both. [L Sp 1949, c 8, §3; RL 1955, §300-3; HRS §757-2; ren L 1972, c 9, pt of §1]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-1 Court jurisdiction restricted.

§380-1 Court jurisdiction restricted.
No court of the State shall have jurisdiction to issue any restraining order or temporary or permanent injunction in a case involving or growing out of a labor dispute, except in strict conformity with this chapter; nor shall any such restraining order or temporary or permanent injunction be issued contrary to the public policy declared herein. [L 1963, c 200, §1; Supp, §90B-1; HRS §380-1]
Rules of Court
Injunctions, see HRCP rule 65.
Case Notes
Applicability of this chapter to proceedings under chapter 89, collective bargaining in public employment, discussed. 54 H. 531, 511 P.2d 1080 (1973).
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-2 Statement of public policy.

§380-2 Statement of public policy.
In the interpretation of this chapter and in determining the jurisdiction and authority of the courts of the State, as such jurisdiction and authority are defined and limited in this chapter, the public policy of the State is declared as follows:
Whereas under prevailing economic conditions, developed with the aid of governmental authority for owners of property to organize in the corporate and other forms of ownership association, the individual unorganized worker is commonly helpless to exercise actual liberty of contract and to protect the worker's freedom of labor, and thereby to obtain acceptable terms and conditions of employment, wherefore, though the worker should be free to decline to associate with the worker's fellows, it is necessary that the worker have full freedom of association, self-organization, and designation of representatives of the worker's own choosing, to negotiate the terms and conditions of the worker's employment, and that the worker shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; therefore, the following definitions of and limitations upon the jurisdiction and authority of the courts of the State are enacted. [L 1963, c 200, §2; Supp, §90B-2; HRS §380-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-3 Labor or employer organizations; agreement against.

§380-3 Labor or employer organizations; agreement against.
Any undertaking or promise, such as is described in this section, or any other undertaking or promise in conflict with the public policy declared in section 380-2, is declared to be contrary to the public policy of the State, shall not be enforceable in any court of the State and shall not afford any basis for the granting of legal or equitable relief by any such court, including specifically the following:
Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in any contract or agreement of hiring or employment between any individual, firm, company, association, or corporation, and any employee or prospective employee of the same, whereby:
(1) Either party to the contract or agreement undertakes or promises not to join, become, or remain a member of any labor organization or of any employer organization; or
(2) Either party to the contract or agreement undertakes or promises that the party will withdraw from an employment relation if the party joins, becomes, or remains a member of any labor organization or of any employer organization. [L 1963, c 200, §3; Supp, §90B-3; HRS §380-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-4 Acts not subject to restraint.

§380-4 Acts not subject to restraint.
No court of the State shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in the dispute (as these terms are herein defined) from doing, whether singly or in concert, any of the following acts:
(1) Ceasing or refusing to perform any work or to remain in any relation of employment;
(2) Becoming or remaining a member of any labor organization, regardless of any such undertaking or promise as is described in section 380-3;
(3) Paying or giving to, or withholding from, any person participating or interested in such labor dispute, any strike or unemployment benefits or insurance, or other moneys or things of value;
(4) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the State;
(5) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence;
(6) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;
(7) Advising or notifying any person of an intention to do any of the acts heretofore specified;
(8) Agreeing with other persons to do or not to do any of the acts heretofore specified; and
(9) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise as is described in section 380-3. [L 1963, c 200, §4; Supp, §90B-4; HRS §380-4]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-5 Concert of acts; effect on jurisdiction.

§380-5 Concert of acts; effect on jurisdiction.
No court of the State shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in section 380-4. [L 1963, c 200, §5; Supp, §90B-5; HRS §380-5]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-6 Liability of association, officers, members.

§380-6 Liability of association, officers, members.
No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the State for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts or of ratification of such acts after actual knowledge thereof. [L 1963, c 200, §6; Supp, §90B-6; HRS §380-6]
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-8 Complainant; compliance with legal obligation; effort to settle.

§380-8 Complainant; compliance with legal obligation; effort to settle.
No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration. [L 1963, c 200, §8; Supp, §90B-8; HRS §380-8]
Cross References
Conciliator, see §377-3.
Mediation, see §371-10.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-9 Necessity for prior findings of fact; limitation of prohibitions.

§380-9 Necessity for prior findings of fact; limitation of prohibitions.
No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of the restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the bill of complaint or petition filed in the case and as shall be expressly included in the findings of fact made and filed by the court as provided in this chapter. [L 1963, c 200, §9; Supp, §90B-9; HRS §380-9]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-10 Appeal.

§380-10 Appeal.
Whenever any court of the State issues or denies any temporary injunction in a case involving or growing out of a labor dispute, an appeal shall lie as of right, subject to chapter 602, in the manner provided for civil appeals from the circuit courts, notwithstanding any provision of section 641-1. The appeal shall be heard and the temporary injunctive order affirmed, modified, or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters of the same character. [L 1963, c 200, §10; Supp, §90B-10; HRS §380-10; am L 1973, c 31, §8; am L 1979, c 111, §17; am L 2004, c 202, §38; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Appeal, see Hawaii Rules of Appellate Procedure.
2023 Hawaii Revised Statutes › Title 21. Labor and Industrial Relations › 380. Labor Disputes; Jurisdiction of Courts › 380-11 Contempt; speedy and public trial.

§380-11 Contempt; speedy and public trial.
In all cases arising under this chapter in which a person is charged with contempt in a court of the State, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the circuit wherein the contempt has been committed; provided that this right shall not apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct, or disobedience of any officer of the court in respect to the writs, orders, or process of the court. [L 1963, c 200, §11; Supp, §90B-11; HRS §380-11]
Case Notes
Union not entitled to jury trial in contempt proceedings brought for violating injunction issued at HPERB's behest. 66 H. 461, 667 P.2d 783 (1983).