reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-1 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the department of labor and industrial
				relations.
"Director" shall be as defined in section
				388-1, Hawaii Revised
				Statutes.
"Employ" shall be as defined in section
				388-1, Hawaii Revised
				Statutes.
"Employee" shall be as defined in section
				388-1, Hawaii Revised
				Statutes.
"Employer" shall be as defined in section
				388-1, Hawaii Revised
				Statutes.
"Wages" shall be as defined in section
				388-1, Hawaii Revised
				Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-2 - Monthly payday elections

Current through June,
			 2024
(a) A petition for
			 once-a-month pay election, or for an election to terminate once-a-month pay,
			 shall be made by:
(1) An official
			 representative of a recognized collective bargaining unit with the concurrence
			 of at least twenty-five per cent of the total number of eligible voters in the
			 collective bargaining unit as evidenced by their signatures thereon;
			 or
(2) Any employee of an employer
			 not in a collective bargaining unit with the concurrence of at least
			 twenty-five per cent of the eligible non-bargaining unit voters in the employ
			 of that employer as evidenced by their signatures thereon.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-3 - Exception to the semimonthly payday

Current through June,
			 2024
(a) The director
			 may grant an exception to the semimonthly payday requirement when it is shown
			 that:
(1) The employer will suffer undue
			 hardship if the application is denied; or
(2) The employer will give a semimonthly
			 advance equivalent to approximately one-half of the monthly "take home" pay to
			 each employee.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-4 - Withholding of wages

Current through June, 2024
Adjustment in wages for advances or correction of computation
				errors from previous payrolls shall not be considered as deductions under
				section
				388-6,
				Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-5 - Notification

Current through June, 2024
(a) Every employer shall, at the time of each
			 payment of wages, furnish each employee an itemized statement in writing
			 showing:
(1) The name of the
			 employer;
(2) The name of the
			 employee;
(3) The inclusive dates
			 of the period for which the employee is paid;
(4) Total gross compensation;
(5) The amount and purpose of each deduction,
			 except that all deductions made on written orders of the employee may be
			 aggregated and shown as one item;
(6) Total net pay; and
(7) Date of payment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-6 - Individuals employed in bona fide executive, administrative, professional, or outside salesman capacity

Current through June,
			 2024
(a) An individual
			 employed in a bona fide executive capacity is an employee whose:
(1) Compensation is $1,500 or more per month
			 (exclusive of board, lodging, or other facilities); and
(2) Primary duty consists of the management
			 of the enterprise or recognized department thereof, which includes the
			 customary and regular direction of the work of two or more employees.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-7 - Accrued vacation; severance pay

Current through June,
			 2024
A claim for accrued vacation or severance pay shall be
				considered filed within one year from the date the vacation or severance pay is
				due and payable if filed with the director or authorized departmental
				representative within one year from the date of termination from employment
				with the employer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-8 - Hearing

Current through June, 2024
In order to determine the validity of the wage claim and to
				bring about possible settlement, an informal hearing may be conducted by the
				director or authorized departmental representative. If a hearing is to be
				conducted, written notice of hearing specifying the time and place thereof and
				the claim in dispute shall be given or mailed to the parties five or more days
				before the hearing. Oral or written evidence of any nature whether or not
				conforming to the rules of evidence may be accepted. If either party fails to
				appear, the decision as to the validity of the claim shall be made on the basis
				of available information.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 21 - THE ADMINISTRATION AND ENFORCEMENT OF THE PAYMENT OF WAGES AND OTHER COMPENSATION LAW › Section 12-21-9 - Wage claim fund

Current through June, 2024
The director shall establish a wage claim fund for the purpose
				of depositing and disbursing monies collected for employees as wage claims or
				back pay.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-1.1 - Transporting of materials, supplies, or equipment

Current through
				June, 2024
(a) Chapter
				104, HRS, and this chapter are
				applicable, but not limited to, a laborer or mechanic who is employed and
				performs work at a public work site and transports materials, supplies, or
				equipment:
(1) To or from a public work site;
				or
(2) Between a public work site
				and either another public work site or a dedicated site.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-2 - Method to determine prevailing wage rates

Current through June,
				2024
(a) The rates of
				wages which the director shall regard as prevailing in each corresponding
				classification of laborers and mechanics shall be as defined in section
				104-2(b)(1)(A) and
				(B), HRS.
(b) If there is no modal rate, then the
				average of the rates that occur with the highest frequency.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-3 - Procedure for wage rate schedules

Current through June,
				2024
(a) All schedules of
				wage rates for laborers and mechanics and any changes thereto shall be based
				on:
(1) Surveys or methods which the director
				may deem necessary to obtain data for wage determinations;
(2) Wage determinations made by the Secretary
				of Labor, USDOL, under the Davis-Bacon Act (40 U.S.C. §§
											276a-276a-7); or
(3) Both paragraphs (1) and (2).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-4 - Method to determine fringe benefit hourly rates

Current through
				June, 2024
In determining the hourly equivalent of a monthly rate of
				  contribution for a fringe benefit, the monthly rate of contribution shall be
				  divided by one hundred seventy-three hours and the quotient shall be the hourly
				  rate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-4.1 - Method to determine overtime compensation rate

Current through
				June, 2024
(a) In
				determining the hourly overtime compensation due a laborer or mechanic, the
				rate shall be computed by multiplying the basic hourly rate times the overtime
				multiplier according to the wage rate schedule classification and then adding
				the hourly fringe benefit rate.
(b)
				No credit for fringe benefits made by monthly contributions as calculated in
				section 12-224, is allowed in
				determining the overtime rate.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-5 - Meeting prevailing wage requirements

Current through June,
				2024
A contractor shall pay the prevailing wages contained in a
				  wage rate schedule applicable to laborers or mechanics in any of the following
				  ways:
(1) By paying not less than the
				basic hourly rate to the laborers or mechanics and by making the contributions
				for the fringe benefits as specified in the wage rate schedule;
(2) By paying not less than the basic hourly
				rate to the laborers or mechanics and by making contributions for fringe
				benefits in a total amount not less than the total of the fringe benefits
				required by the wage rate schedule;
(3) By paying the basic hourly rate in cash
				directly to the laborers or mechanics and by making an additional cash payment
				in lieu of the fringe benefits required by the wage rate schedule; or
(4) By paying an hourly rate, partly in cash
				and partly in fringe benefits, which total not less than the prevailing
				wages.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-6 - Apprentice rates

Current through June, 2024
Any apprentice wage rates established by the director shall
				  apply only to:
(1) Contractors who are
				a party to a bona fide apprenticeship program which has been registered with
				the department;
(2) Apprentices who
				are parties to apprenticeship agreements which have been registered with the
				department or recognized by the department as a USDOL nationally approved
				apprenticeship program, and who have been individually registered by name with
				the department; and
(3) The number
				of apprentices on any public work which, in relation to the number of journey
				workers in the same craft classification as the apprentices employed by the
				same employer on the same public work, is not in excess of the ratio allowed
				for employment of apprentices by the employer under the apprenticeship
				standards agreed and subscribed to by the employer and registered with or
				recognized by the department. A registered or recognized apprentice receiving
				the journey worker rate will not be considered a journey worker for the purpose
				of meeting the ratio requirement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-7 - Contract provisions

Current through June,
				2024
The governmental contracting agency shall cause or require to
				  be inserted in all specifications, solicitations, and contracts made and
				  entered into by the agency for construction of any public work, a requirement
				  that prevailing wages be paid as determined by the director and any other
				  stipulation or provision required by chapter
				  104, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-8 - Classification of laborers and mechanics

Current through June,
				2024
(a) The governmental
				contracting agency shall require that any class of laborers or mechanics which
				will be employed on a public work and for which the director has not made a
				wage determination shall be classified by the contractor in a manner which
				conforms to the classifications contained in the wage rate schedule issued by
				the director.
(b) If there is a
				disagreement on the proper classification or reclassification of a particular
				class of laborers or mechanics to be used, the governmental contracting agency
				shall submit a written report of the issues in disagreement and refer the
				matter to the director for determination.
(c) If the governmental contracting agency
				fails to refer the disagreement to the director as provided by subsection (b)
				within ten days after a request in writing is made to the governmental
				contracting agency by any interested party, the interested party may refer the
				question in writing to the director.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-8.1 - Investigation of complaints

Current through June,
				2024
Any complaint received by a governmental contracting agency
				  with respect to matters under chapter
				  104, HRS, shall be referred to the
				  director for investigation and report.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-9 - Appeal of classification determination

Current through June,
				2024
(a) Any person
				aggrieved by the director's determination made pursuant to section
				12-22-8 may, within ten days after
				mailing of the determination, appeal in writing to the hearings officer
				appointed by the director in conformance with chapter
				91, HRS.
(b) Any party to the appeal may obtain
				judicial review of the appeals decision in the manner provided in chapter
				91, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-10 - Certified payroll and record keeping requirements

Current
				through June, 2024
(a)
				Each contractor shall maintain accurate and complete payroll records and
				related employment records during the course of the work and preserve the
				records for a period of three years from the close of the project for all
				laborers and mechanics working on the public works construction project in
				English containing the following information and data on each laborer and
				mechanic engaged in the performance of the contract at the job site:
(1) Name in full;
(2) Home address;
(3) Last four digits of social security
				number;
(4) Copy of the
				apprentice's registration with the department;
(5) Job classification for each
				classification of work performed;
(6) Rate of pay;
(7) Hours worked each workday and total hours
				worked each workweek;
(8) Total
				weekly straight-time earnings;
(9)
				Total weekly overtime earnings;
(10) Total weekly gross earnings;
(11) The amount and purpose of each
				deduction;
(12) Total net wages
				paid and the date paid; and
(13)
				Other information as the director may require.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-11 - Rulings and interpretations

Current through June,
				2024
All questions arising in any governmental contracting agency
				  relating to the applicability and interpretation of chapter
				  104, HRS, and of this chapter shall
				  be referred to the director for ruling and interpretation. The director, in
				  making the ruling or interpretation, shall take into consideration the
				  prevailing practice of the construction industry in the
				  locality.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-12 - Disbursement of accrued amounts withheld on contract

Current
				through June, 2024
(a)
				Within sixty days from the date of written request by the director, the
				contracting agency shall pay or transfer specified amounts from accrued payment
				withheld on a contract to the director for:
(1) Wages, overtime compensation, or both due
				to laborers and mechanics;
(2)
				Penalties assessed for a first, second, or third violation; or
(3) Both paragraphs (1) and (2).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-22-13 - Computation of time

Current through June,
				2024
The time in which any act provided by these rules is to be
				  done is computed by excluding the first day and including the last, unless the
				  last day is a Saturday, Sunday, or holiday and then it is also excluded. As
				  used in this section, "holiday" includes any day designated as such pursuant to
				  section 8-1, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 2 - PENALTY FOR VIOLATIONS › Section 12-22-25 - Notification of violation

Current through June,
				2024
(a) Where the
				department, either as a result of its own investigation or as a result of a
				report by a contracting agency, finds that a violation of chapter
				104, HRS, has been committed, the
				department shall issue a notification of violation to the contractor. Each
				notice of violation shall involve only one project. Each offense shall be as
				described in section 104-24(e),
				HRS.
(b) A first violation refers
				to the first investigation in which the department finds that a contractor has
				failed to comply with chapter
				104, HRS, or a violation which occurs
				more than two years after the date of notification of first violation. A second
				violation refers to a violation which occurs within two years of the date of
				the first notification of violation. A third violation refers to a violation
				which occurs within three years of the date of the second notification of
				violation. Additional violations occurring after the third violation shall be
				treated in the same way as the third violation.
(c) A notification of violation shall be
				final and conclusive twenty days after the date of mailing to the contractor,
				unless a written notice of appeal is filed with the director, as provided in
				section 104-23, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 2 - PENALTY FOR VIOLATIONS › Section 12-22-26 - Delay or falsification penalty

Current through June,
				2024
(a) A penalty of
				$10,000 per project shall be assessed against a contractor for interference or
				delay including failure to provide requested records under section
				104-3, HRS, or failure to allow
				employees to be interviewed during working hours on the job.
(b) An additional penalty of $1,000 for each
				day thereafter that the contractor fails to comply shall be assessed against
				the contractor.
(c) A penalty of
				$10,000 per project shall be assessed against a contractor for falsification of
				records.
(d) The contractor shall
				be immediately suspended for a period of three years.
(e) Concurrent with or after the issuance of
				a notification of violation, and within a reasonable period after completion of
				the investigation, the department shall notify the contractor of violations of
				the chapter committed and the penalty assessed, which shall then be due and
				payable within twenty days from the date of the mailing of the notification of
				violation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 2 - PENALTY FOR VIOLATIONS › Section 12-22-27 - Violation penalties

Current through June,
				2024
(a) Where the
				department finds that a first, second, or third violation has been committed,
				penalties shall be as described in sections
				104-22,
				104-24, and
				104-25, HRS.
(b) Additional violations committed after the
				third violation shall be penalized in the same way as the third
				violation.
(c) Concurrent with or
				after the issuance of a notification of violation, and within a reasonable
				period after completion of the investigation, the department shall notify the
				contractor of violations of the chapter committed and the penalty assessed,
				which shall then be due and payable within twenty days from the date of the
				mailing of the notification of violation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-40 - Definitions

Current through June, 2024
As used in this subchapter:
"Hearing" shall have the same meaning as the term agency
				  hearing as defined in section
				  91-1, HRS.
"Party" or "parties" shall have the same meaning as in
				  section 91-1, HRS and shall include any
				  other person such as the contractor or contractor's representative, the
				  department, or both.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-41 - Prehearing conference

Current through June,
				2024
(a) Upon docketing
				an appeal, but prior to a hearing, the hearings officer may hold a prehearing
				conference with the parties.
(b)
				Any matter not raised at the prehearing conference shall not be allowed during
				the hearing. Matters to be discussed at the prehearing conference may include
				but are not limited to the following:
(1) A
				discussion of the issues raised by the appellant and the explanations and
				defenses to be presented by the parties at the hearing;
(2) The necessity or desirability of
				amendments to the pleadings;
(3)
				The possibility of obtaining stipulations which will avoid unnecessary
				proof;
(4) The possibility of a
				settlement between the parties; and
(5) Other matters that may aid in the
				disposition of the case.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-42 - Prehearing order

Current through June, 2024
(a) When a prehearing conference is held, the
				hearings officer may enter a prehearing order which recites the action taken at
				the prehearing conference, including;
(1) The
				agreements made by the parties as to any of the matters considered;
(2) The issues for hearing not otherwise
				disposed of by stipulation or agreement of the parties; and
(3) The exchange of exhibits, witness list,
				and prehearing memorandum deadlines.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-43 - Hearing

Current through June, 2024
(a) Any hearing under this subchapter shall
				be held in accordance with chapter
				91, HRS.
(b) The hearing on appeal shall be held
				within sixty days of the notice of appeal.
(c) All parties shall be given written notice
				of hearing at least fifteen days before the hearing.
(d) The parties shall be present at the
				hearing, and shall be allowed to call, examine, and cross-examine witnesses,
				and introduce papers, documents, or other evidence, in person or by
				counsel.
(e) At the discretion of
				the hearings officer, any other person may be allowed to participate, in person
				or by counsel, for the purposes and to the extent that the hearings officer
				shall determine.
(f) Witnesses at
				the hearing shall be examined orally, under oath or affirmation, and a record
				of the proceedings shall be made by the hearings officer. The hearings officer
				or a person designated by the hearings officer may administer oaths or
				affirmations at the hearing.
(g)
				The hearings officer may continue a hearing from day to day or adjourn it to a
				later day or to a different place by announcement thereof at the hearing or by
				appropriate notice to all parties. The hearings officer may also continue a
				hearing upon request of any party. At the discretion of the hearings officer, a
				hearing may be reopened.
(h) If the
				employer or employer's representative is absent without notice, the hearings
				officer shall base the decision on the available evidence.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-44 - Powers and duties of hearings officer

Current through June,
				2024
(a) The hearings
				officer shall have full power and authority to:
(1) Control the procedures of the
				hearing;
(2) Admit or exclude
				testimony or other evidence;
(3)
				Rule upon all motions and objections;
(4) Call and examine witnesses;
(5) Direct the production of papers or other
				matter present in the hearings room; and
(6) Take other actions that are necessary and
				proper for the conduct of the hearing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-45 - Rules of evidence

Current through June,
				2024
(a) The
				admissibility of evidence at hearing shall not be governed by the laws of
				evidence, and all relevant oral or documentary evidence shall be admitted if it
				is the kind of evidence on which responsible persons are accustomed to rely in
				the conduct of serious affairs. Irrelevant, immaterial, or unduly repetitious
				material shall not be admitted into evidence. The hearings officer shall give
				effect to the rules of privilege recognized by law.
(b) Documentary evidence may be received in
				the form of copies, provided that, upon request, all other parties to the
				proceeding shall be given an opportunity to compare the copy with the original.
				If the original is not available, a copy may still be admissible, but the
				unavailability of the original and the reasons therefor shall be considered by
				the hearings officer when considering the weight of the documentary
				evidence.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-46 - Official notice of facts

Current through June,
				2024
The hearings officer may take official notice of those
				  matters that may be judicially noticed by the courts of the State. The hearings
				  officer may also take official notice of generally recognized technical or
				  scientific facts within the agency's specialized knowledge, upon notice to all
				  parties before or during trial. Any party shall have an opportunity to contest
				  the facts so noticed, within a reasonable time specified by the hearings
				  officer.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-47 - Decision

Current through June, 2024
(a) The hearings officer shall render a
				written decision on a notification of violation within sixty days after the
				conclusion of the hearing, which shall include findings of fact and conclusions
				of law.
(b) A certified copy of the
				decision shall be served by personal delivery or by mail upon each
				party.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 3 - HEARING OF APPEAL › Section 12-22-48 - Judicial review

Current through June,
				2024
Any party aggrieved by the decision of the hearings officer
				  shall be entitled to judicial review as provided by section 9114,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 4 - CONSTRUCTION ON PROPERTY LEASED BY THE STATE OR COUNTY › Section 12-22-60 - Definitions

Current through June, 2024
As used in this chapter: "Assignable square feet" means the
				  total area of the project available for lease as determined by the master
				  lessor.
"Leasing agency" means the state or county agency who is the
				  lessee of a leased space.
"Project" means all the buildings, other improvements, or
				  both, on the property where a lease is located including the leasing agency's
				  leased area.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 4 - CONSTRUCTION ON PROPERTY LEASED BY THE STATE OR COUNTY › Section 12-22-61 - Construction for state and county leases policy

Current through June,
				2024
Where construction work to property to be leased by the state
				  or any county agency is to be undertaken, the laborers and mechanics working on
				  that construction project shall be paid prevailing wages required under section
				  104-2, HRS, provided that more
				  than fifty per cent of the assignable square feet of the project is or will be
				  leased by the state or any county agency.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 4 - CONSTRUCTION ON PROPERTY LEASED BY THE STATE OR COUNTY › Section 12-22-62 - Submission of leases to department

Current through June,
				2024
Upon execution, renewal, termination, or any change to a
				  lease, the leasing agency shall submit the lease to the department and the
				  department of accounting and general services within thirty days of the
				  execution, renewal, termination or change in the lease.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 4 - CONSTRUCTION ON PROPERTY LEASED BY THE STATE OR COUNTY › Section 12-22-63 - Lease required to state square footage

Current through June,
				2024
Every lease entered into by the state or any county agency
				  shall state the total assignable square footage of the project and the amount
				  leased by the state or any county agency leasing space in or on the
				  project.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 4 - CONSTRUCTION ON PROPERTY LEASED BY THE STATE OR COUNTY › Section 12-22-64 - Challenges to square footage

Current through June,
				2024
All questions or challenges of the stated measurement of the
				  square footage of the project of the lease shall be filed, heard, and decided
				  by the hearings officer appointed by the director in conformance with chapter
				  91, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 4 - CONSTRUCTION ON PROPERTY LEASED BY THE STATE OR COUNTY › Section 12-22-65 - Lessors required to notify contractors

Current through June,
				2024
A lessor contracting any construction work to the leased
				  property that is subject to section
				  104-2.5, HRS, shall provide
				  written notice to the contractor that prevailing wages shall be paid to all
				  laborers and mechanics employed on the construction project.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 5 - CONSTRUCTION PROJECTS FINANCED WITH SPECIAL PURPOSE REVENUE BONDS › Section 12-22-75 - Definitions

Current through June, 2024
As used in this chapter:
"Project agreement" shall have the same meaning as in chapter
				  39A, HRS.
"Project party" shall have the same meaning as in chapter
				  39A, HRS.
"Special purpose revenue bonds" shall have the same meaning
				  as in chapter 39A,
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 5 - CONSTRUCTION PROJECTS FINANCED WITH SPECIAL PURPOSE REVENUE BONDS › Section 12-22-76 - Contract provisions, special purpose revenue bonds

Current
				through June, 2024
(a)
				The director of finance shall require in a construction project under chapter
				39A, HRS, that the project party
				insert in all solicitations and contracts made and entered into by the project
				party that prevailing wages in accordance with chapter
				104, HRS, be paid to the laborers and
				mechanics employed.
(b) The
				following provisions shall be included in any agreement for construction of a
				project funded by special purpose revenue bonds between a project party and the
				contractor:
(1) The project party or the
				contractor retained by the project party shall maintain and be responsible for
				all payroll records in accordance with the requirements and be the responsible
				entity for compliance with chapter
				104, HRS, and this chapter, including
				the maintenance of the certified payroll records during the course of the
				construction work and preserve these records for a period of three years from
				the close of the project for all laborers and mechanics so employed;
				and
(2) Any other information or
				requirement as the director may require under chapter
				104, HRS, or this chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 22 - WAGE DETERMINATIONS AND THE ADMINISTRATION AND ENFORCEMENT OF CHAPTER 104, HAWAII REVISED STATUTES › Subchapter 5 - CONSTRUCTION PROJECTS FINANCED WITH SPECIAL PURPOSE REVENUE BONDS › Section 12-22-77 - Project party collective bargaining agreement

Current through June,
				2024
Where the project party has entered into a collective
				  bargaining agreement with a bona fide labor union governing the project party's
				  workforce, as set forth in section
				  104-2(h), HRS,
				  the terms of that collective bargaining agreement and associated provisions
				  shall be deemed the prevailing wages such that the project party shall not be
				  required to pay to its laborers and mechanics covered by the collective
				  bargaining agreement the wages in comparable classifications as published by
				  the director in the wage rate schedules, unless otherwise required under the
				  director's enforcement powers contained in section
				  104-2(g),
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-1 - Definitions

Current through June, 2024
As used in this chapter:
"Complainant" means the individual who has filed a
				complaint.
"Complaint" means a verified written statement filed with the
				department pursuant to this chapter alleging an unlawful suspension, discharge,
				or discrimination within the meaning of the statute.
"Department" shall be as defined in section
				378-31, Hawaii
				Revised Statutes.
"Director" shall be as defined in section
				378-31, Hawaii
				Revised Statutes.
"Employee" shall be as defined in section
				378-31, Hawaii
				Revised Statutes.
"Employer" shall be as defined in section
				378-31, Hawaii
				Revised Statutes.
"Employment" means any service performed by an individual for
				another person under any contract of hire, express or implied, oral or written,
				whether lawfully or illegally entered into.
"Hearing officer" means a person appointed by the director to
				conduct hearings under this chapter.
"Party" or "parties" means the complainant or respondent, or
				both.
"Respondent" means any employer against whom a complaint has
				been filed alleging an unlawful suspension, discharge, or discrimination within
				the meaning of the statute.
"Statute" means part III of chapter
				378, Hawaii Revised Statutes.
"Verified" means sworn to or affirmed before a notary public,
				hearing officer, or other person authorized by the director to administer
				oaths.
"Wages" shall be defined in section
				378-31, Hawaii
				Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-2 - General provisions

Current through June,
			 2024
(a) This chapter
			 sets forth the procedures for the administration and enforcement of the
			 statute.
(b) These rules shall be
			 liberally construed to accomplish the purposes of the statute.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-3 - Computation of time

Current through June, 2024
The time in which any act provided by this chapter is to be
				done is computed by excluding the first day and including the last, unless the
				last day is a Saturday, Sunday, or holiday and then it is also excluded. As
				used in this chapter, "holiday" includes any day designated as such pursuant to
				section
				8-1, Hawaii
				Revised Statutes.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-4 - Filing of complaint

Current through June,
			 2024
(a) Any employee
			 claiming to be aggrieved by an alleged unlawful suspension, discharge, or
			 discrimination may file a complaint.
(b) Assistance in drafting and filing
			 complaints shall be available to complainants at the department's wage
			 standards division located at 830 Punchbowl Street, Room 340, Honolulu, and at
			 the department's district offices on Hawaii, Maui, and Kauai.
(c) The complaint shall be in writing and,
			 where feasible, upon forms furnished by the department's wage standards
			 division. The complaint shall be signed and verified.
(d) The original complaint and two additional
			 copies shall be filed by personal delivery or by mail addressed to the
			 department's Wage Standards Division, 830 Punchbowl Street, Room 340, Honolulu,
			 Hawaii 96813, or to any of the department's district offices located in the
			 counties of Hawaii, Maui, and Kauai.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-5 - Contents of complaint

Current through June,
			 2024
Each complaint shall contain the following:
(1) The full name, address, social security
			 number, and telephone number (if any) of the complainant;
(2) The full name, address, and telephone
			 number of the respondent;
(3) A
			 plain and concise statement of the facts constituting the alleged unlawful
			 suspension, discharge, or discrimination;
(4) The date on which the alleged unlawful
			 suspension, discharge, or discrimination occurred; and
(5) Other information that may be required by
			 the department.
Notwithstanding the provisions of this section, a complaint is
				deemed filed if the department receives from an individual a written statement
				sufficiently precise to identify the parties and describing with reasonable
				accuracy the actions alleged to be unlawful.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-6 - Time for filing complaint

Current through June,
			 2024
The complaint shall be filed within thirty days after the
				alleged act of unlawful suspension, discharge, or discrimination. When an
				alleged act of unlawful discharge under the statute occurs while the aggrieved
				employee is still physically or mentally incapacitated and unable to work, the
				complaint shall be filed within thirty days after the date the aggrieved
				employee is able to return to work.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-7 - Service of complaint

Current through June,
			 2024
Within ten days after a complaint is filed with the department,
				the department shall serve a copy of the complaint on the respondent by
				certified mail, return receipt requested, or by personal
				delivery.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-8 - Amendment of complaint

Current through June,
			 2024
(a) A complaint, or
			 any part thereof, may be amended by the complainant at any time prior to the
			 issuance of a notice of hearing and thereafter at the discretion of the hearing
			 officer.
(b) The amended complaint
			 shall be deemed to have been filed on the original filing date.
(c) The department shall promptly serve a
			 copy of the amended complaint on the respondent by certified mail, return
			 receipt requested, or by personal delivery.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-9 - Withdrawal of complaint

Current through June,
			 2024
(a) A complaint, or
			 any part thereof, may be withdrawn only on written consent of the hearing
			 officer.
(b) When requesting
			 withdrawal of a complaint, the complainant shall:
(1) Submit the request in writing;
(2) Sign the request; and
(3) Have the request verified.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-10 - Dismissal of complaint

Current through June,
			 2024
(a) The hearing
			 officer shall dismiss the complaint:
(1) If
			 it is determined that the department does not have jurisdiction over the
			 complaint; or
(2) If the
			 complainant has failed to cooperate with the department in regard to the
			 complaint, and the department has received no response from the complainant
			 within twenty days after the date of the notice to the complainant of the
			 department's intent to dismiss the complaint; or
(3) If the complainant cannot be located, and
			 the complainant has not responded within twenty days to a notice sent by the
			 department to the complainant's last known address; or
(4) If a settlement has been reached between
			 the parties as described in section 12-24-12, which is in writing and specific
			 in its terms.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 24 - RELATING TO UNLAWFUL SUSPENSION OR DISCHARGE UNDER PART III, CHAPTER 378, HAWAII REVISED STATUTES › Section 12-24-11 - Answer

Current through June, 2024
(a) If the respondent files a written
			 verified answer, it shall be filed within twenty days from the date of personal
			 delivery or mailing of the complaint.
(b) The answer shall state the reasons or
			 factors for the suspension, discharge, or discrimination of the complainant,
			 and any matter which constitutes a defense to the complaint.
(c) The answer with two copies shall be filed
			 by personal delivery or by certified mail, return receipt requested, addressed
			 to the department's Wage Standards Division, 830 Punchbowl Street, Room 340,
			 Honolulu, Hawaii 96813, or to any of the department's district offices in the
			 counties of Hawaii, Maui, or Kauai in which the complaint was filed. The
			 respondent shall also mail a copy by certified mail, return receipt requested,
			 to the complainant at the last known address.
(d) The time within which the answer shall be
			 filed may be extended at the discretion of the hearing officer.
(e) The answer or any part thereof may be
			 amended prior to the hearing without the hearing officer's consent, and
			 thereafter at the discretion of the hearing officer. If a complaint has been
			 amended subsequent to the filing of the answer, the respondent shall have an
			 opportunity to amend the answer within twenty days after being served the
			 amended complaint. The original of the amended answer shall be filed at the
			 enforcement division of the department, and one copy shall be mailed to the
			 complainant by certified mail, return receipt requested, at the last known
			 address.