Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Subtitle 6 - OFFICE OF EMPLOYMENT AND TRAINING ADMINISTRATION › Chapter 506 - PLANT CLOSING NOTIFICATION AND DISLOCATED WORKER ALLOWANCE › Section 12-506-2 - Definitions

Current through June, 2024
As used in chapter
				  394B, HRS, and in this chapter,
				  unless the context clearly indicates otherwise:
"Affected employee" is any individual engaged in service to
				  an employer and who has a reasonable expectation of continuing employment with
				  that employer at the time of the closing, partial closing, or
				  relocation.
"Average weekly wages" means a figure equal to the total
				  wages paid to an employee of the employer affected by a closing, partial
				  closing, or relocation, divided by the number of weeks, not to exceed 52 weeks
				  prior to the closing, partial closing, or relocation, that the employee
				  actually worked or was on compensated leave with that employer.
"Closing" shall be as defined in section
				  394B-2, HRS.
"Compensated leave" means authorized absence while the
				  employee is being paid wages, such as sick leave, holiday leave, and vacation
				  leave; but excluding unpaid absences from work, and absences from work while
				  receiving payments, such as workers' compensation, temporary disability
				  insurance, and long-term disability insurance.
"Covered establishment" shall be as defined in section
				  394B-2, HRS.
"Department" shall be as defined in section
				  394B-2, HRS.
"Director" shall be as defined in section
				  394B-2, HRS.
"Dislocated worker" shall be as defined in section
				  394B-2, HRS.
"Employee" shall be as defined in section
				  394B-2, HRS.
"Employer" shall be as defined in section
				  394B-2, HRS.
"Partial closing" shall be as defined in section
				  394B-2, HRS.
"Permanent shutting down" means the cessation of a portion or
				  all of the business activities in a covered establishment which results in a
				  lay-off or termination of employees. If the covered establishment or portion
				  thereof continues operations with a different owner or different employees, the
				  act of a lay-off or termination of employees constitutes a permanent shutting
				  down.
"Person" shall be as defined in section
				  394B-2, HRS.
"Portion of operations" for the purposes of a partial closing
				  means a distinct part of the operations, such as a department, division,
				  branch, or outlet.
"Portion of the employees" for the purposes of a partial
				  closing means one or more employees employed in that portion of the
				  operations.
"Relocation" shall be as defined in section
				  394B-2, HRS.
"Sale, transfer, merger, and other business takeover or
				  transaction of business interests" means any of the various forms of business
				  transactions where there is a change in the controlling interest of a covered
				  establishment, or the sale, transfer, or merger of a portion of the operations
				  of a covered establishment. "Transaction of business interests," as used in
				  this context, refers to transactions similar to sales, transfers, mergers, and
				  other business takeovers.
Examples:
Employer A is a construction company which employs 100
				  workers on a construction project. When the project is completed, all 100
				  workers are laid off. For purposes of the definition, no sale, transfer,
				  merger, and other business takeover or transaction of business interests has
				  taken place.
Employer B is a retail store employing 200 workers. The
				  employer hires an additional 50 temporary workers for the Christmas shopping
				  period. All 50 temporary workers are laid off after the Christmas shopping
				  season. For purposes of the definition, no sale, transfer, merger, and other
				  business takeover or transaction of business interests has taken place.
"Supplemental unemployment compensation benefits" means any
				  remuneration or benefit, such as severance pay, that are given upon the
				  employee's termination from employment.
"Wages" means all remuneration for services constituting
				  employment. It includes the market value of board, lodging, fuel, and other
				  advantages having a cash value which the employer has paid as a part of the
				  employee's remuneration and gratuities received in the course of employment
				  from others than the employer to the extent that they are customary and
				  expected in that type of employment or accounted for by the employee to the
				  employer.