reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-5 - Employer coverage and employee eligibility

Current through
				June, 2024
(a) To meet
				the employee count for employer coverage under the definition of "employer" in
				section
				398-1, HRS, and
				section 12-27-1:
(1) The count of employees
				includes all employees maintained on the employer's payroll who work within the
				State of Hawaii. Employees of employers doing business in Hawaii who are
				stationed at worksites outside of Hawaii are not included in the
				count.
(2) All employees of the
				employer, regardless of their months of employment, shall be counted. The count
				is not limited to only employees who are eligible for family leave under the
				statute.
(3) Full-time, part-time,
				temporary and intermittent employees are counted as long as they are maintained
				on the payroll for the week.
(4)
				Employees on authorized paid or unpaid leave, including, but not limited to,
				family leave, leaves of absence, and disciplinary suspension, are counted as
				long as the employer has a reasonable expectation that the employee will return
				to active employment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-6 - Family leave entitlement and use

Current through June,
				2024
(a) Pursuant to
				chapter
				398, HRS, an employee is entitled to
				a total of four weeks of family leave each calendar year:
(1) Upon the birth of a child of the employee
				or the adoption of a child by the employee; or
(2) To care for the employee's child, spouse
				or reciprocal beneficiary, or parent with a serious health condition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-7 - Intermittent family leave

Current through June,
				2024
(a) Family leave
				may be taken intermittently during each calendar year. Family leave need not be
				taken immediately upon the birth or adoption of a child, or upon commencement
				of a serious health condition. Because family leave may be taken intermittently
				and for less than a week, an employer is allowed to convert the four-week
				entitlement to an equivalent number of hours based on the current regular
				workweek of the employee as follows:
(1)
				Where the employee has a part-time regular workweek schedule, the amount of
				family leave entitlement is determined on a proportional or equivalent basis by
				comparing with the employee's normal work schedule;
(2) Where an employee's regular workweek
				schedule varies, a weekly average of the hours worked over the four weeks prior
				to the beginning of family leave shall be used to calculate the employee's
				normal workweek.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-8 - Unpaid and paid leave

Current through June,
				2024
(a) Notwithstanding
				section 12-27-9, the four weeks of family leave consists of unpaid leave.
				However, the employee's accrued paid leaves, including, but not limited to,
				vacation, personal, or family leave provided by policy or contract, may be
				substituted for any part of the four weeks as follows:
(1) An employer may not deny the right of an
				employee to elect to substitute those accrued paid leaves for any part of the
				unpaid family leave.
(2) If the
				employee does not elect to substitute the employee's accrued paid leaves, the
				employer may require the employee to substitute those accrued paid leaves for
				any part of the four weeks of family leave. However, if an employer requires an
				employee to substitute those accrued paid leaves for all or part of the four
				weeks of family leave, the employer must provide notice to the employee in
				advance of the intended action.
(3)
				If neither the employer nor the employee elects to substitute those accrued
				paid leaves, the four weeks of family leave will be considered unpaid, and the
				employee will remain entitled to all those paid leaves which are earned or
				accrued prior to or during the family leave.
(4) Except as mutually agreed upon by both
				parties, an employer may not retroactively apply accrued paid leaves against
				family leave after the employee has returned to work.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-9 - Use of sick leave for family leave

Current through June,
				2024
(a) An employer who
				provides paid sick leave shall permit an employee to use up to ten days of the
				employee's accrued and available sick leave per year for family leave purposes
				unless an express provision of a valid collective bargaining agreement
				authorizes the use of more than ten days of sick leave for family leave
				purposes.
(b) All conditions and
				restrictions placed by the employer upon the use by an employee of sick leave
				shall also apply to the use by an employee of sick leave for family leave
				purposes.
(c) For employers who are
				self insured for temporary disability insurance purposes, only the accrued and
				available sick leave that is in excess of the temporary disability insurance
				plan approved pursuant to chapter
				392, HRS, is available for family
				leave purposes.
(d) For purposes of
				this section:
"Accrued and available" means accumulated sick leave that the
				  employee may immediately use.
"Sick leave" means accrued increments of compensated leave
				  provided by an employer to an employee for use by the employee during an
				  absence from the employment for any of the following reasons:
(1) The employee is physically or mentally
				unable to perform the employee's duties due to illness, injury, or a medical
				condition of the employee;
(2) The
				absence is for the purpose of obtaining professional diagnosis or treatment for
				a medical condition of the employee; or
(3) The absence is for other medical reasons
				of the employee, such as pregnancy or obtaining a physical examination.
"Sick leave" shall not include any benefit provided under an
				  employee welfare benefit plan subject to the federal Employee Retirement Income
				  Security Act of 1974 and shall not include any insurance benefit, workers'
				  compensation benefit, unemployment compensation disability benefit, temporary
				  disability insurance benefit, or benefit not payable from the employer.
"Year" means a calendar year.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-10 - Notice requirements

Current through June,
				2024
(a) Every employer
				covered by the statute shall notify employees in writing at the time of hire of
				their rights and responsibilities under the statute, including any employer
				policy regarding the statute. The notice, and any revision, shall contain, but
				not be limited to:
(1) Any requirement for
				the employee to furnish certification in accordance with section
				398-6, HRS, and
				section 12-27-11, and the consequences of failure to do so;
(2) The employee's right to substitute
				accrued paid leave, and whether the employer will require the substitution of
				any paid leave;
(3) Any requirement
				for the employee to make any premium payments to maintain health and other
				benefits and the arrangements for making such payments;
(4) Information on employee right to
				restoration to the same or equivalent position as required under the statute;
				and
(5) Other information as
				required by the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-11 - Certification

Current through June, 2024
(a) An employer may require that a claim for
				family leave be supported by written certification. Unless the employer
				provides otherwise, certification requested by the employer under this section
				shall be at the employee's expense, except as provided in subsection
				(e).
(b) When the request for
				family leave is foreseeable, the employee shall furnish certification prior to
				the commencement of the family leave. In the case of unforeseeable family
				leave, the employee shall furnish certification no later than two working days
				after the family leave commences.
(c) The following shall be deemed acceptable
				certification:
(1) For the birth of a child
				of an employee, a written statement issued by a health care provider or the
				family court;
(2) For the placement
				of a child for adoption with an employee:
(A)
				The petition filed by the employee with the court; or
(B) A written statement issued by:
(i) A recognized adoption agency;
(ii) The attorney handling the adoption;
				or
(iii) The individual officially
				designated by the birth parent to select and approve the adoptive
				family.
(3)
				For the serious health condition of a child, spouse, parent, or reciprocal
				beneficiary, a written statement by a health care provider. Certification shall
				contain the following information:
(A) The
				patient's name and relationship to the employee;
(B) The health care provider's name, title,
				type of practice or field of specialization, location, and signature;
(C) A statement that the patient's condition
				qualifies for family leave as a serious health condition as defined under
				section 12-27-1;
(D) A statement
				that the employee is needed to participate in the care of the
				patient;
(E) A statement that the
				patient's condition requires hospitalization or the health care provider's
				continuing treatment or continuing supervision;
(F) The approximate date the serious health
				condition commenced, and the probable duration that the employee will be needed
				to care for the patient with a serious health condition; and
(G) Whether it will be necessary for the
				employee to take leave intermittently; and, if so, the estimated period of time
				that the employee will be needed to care for the patient with a serious health
				condition.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-12 - Employment and benefits protection

Current through June,
				2024
(a) Upon the return
				of an employee from family leave, the employer is required to restore an
				employee to the employee's original position, or if no longer available, an
				equivalent position with equivalent terms and conditions of employment. A
				position is considered equivalent if it essentially has, but is not limited to,
				the same pay, benefits, working conditions, privileges, perquisites, status,
				duties, responsibilities, seniority, and authority as the original position.
				These terms and conditions may include worksite location, shift, work schedule,
				opportunity for bonuses, tips, profit sharing, and other similar discretionary
				and non-discretionary payments or benefits.
(b) Upon the employee's return to work from
				family leave, all benefits earned prior to taking family leave which were not
				used during that leave shall be restored to the employee. This includes, but is
				not limited to, all benefits which are earned, accrued, or cumulative, based on
				statute, contract, policy, or practice prior to or during the family leave.
				Leave benefits earned in one year, but not carried over to the following year
				by contract, policy, or practice, are not protected.
(c) For purposes of changes in pay and
				benefits, an employee on family leave is entitled to changes as if no leave had
				been taken, except where the change is contingent upon seniority or accrual by
				policy or contract.
(d) If an
				employee provides to the employer reasonable advance notice of at least two
				days requesting a return to work earlier than originally granted, the employer
				is obligated to promptly reinstate the employee to his or her original or
				equivalent position of employment.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 1 - ADMINISTRATION AND ENFORCEMENT › Section 12-27-13 - Record keeping

Current through June,
				2024
In order to make a determination on whether an employer is in
				  compliance with the statute, the department may request and review the
				  following:
(1) Basic payroll and
				identifying employee data, such as the employee's name, address, and
				occupation; rate or basis of pay and terms of compensation; daily and weekly
				hours worked per pay period; itemized additions to or deductions from wages;
				and total compensation paid;
(2)
				Terms and conditions of, and expenses for, employee benefits, including, but
				not limited to, policies and any employment agreements relating to leave
				benefits; and
(3) Records,
				documents, correspondence, and other material relating to any family leave
				granted or denied.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-20 - Filing of complaint

Current through June,
				2024
(a) A complaint
				alleging a violation of the statute shall be filed in accordance with sections
				398-21, HRS,
				and 12-27-21.
(b) Where feasible,
				the complaint shall be filed on forms furnished by the department.
(c) The complaint shall be signed by the
				complainant, and the complainant shall certify that:
(1) The complaint is filed to the best of the
				complainant's knowledge, information, or belief;
(2) The complaint is not filed for an invalid
				or improper purpose, such as to harass; and
(3) The allegations and other statements of
				fact have evidentiary support or are likely to have evidentiary support after
				further investigation.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-21 - Contents of complaint

Current through June,
				2024
In addition to the conditions of section
				  12-27-20, each complaint shall
				  contain, but is not limited to, the following:
(1) The full name, address, and telephone
				number of the complainant;
(2) The
				full name, address, and telephone number of the employer, including alternate
				names and locations of the employer, if known;
(3) A clear and concise statement of the
				facts constituting the alleged violation;
(4) The date or dates on which the alleged
				violation occurred or was discovered by the complainant; and
(5) Other pertinent information as requested
				by the department.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-22 - Service of complaint and answer

Current through June,
				2024
(a) Within ten days
				after a complaint has been filed, the department or the attorney general, as
				applicable, shall serve a copy of the complaint on the employer by certified
				mail, return receipt requested, or by personal delivery.
(b) The employer may submit a written answer
				to the complaint within fifteen days from the date of the mailing of the
				complaint or the date of delivery.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-23 - Withdrawal of complaint

Current through June,
				2024
(a) A complaint, or
				any part thereof, may be withdrawn only upon written consent of the
				department.
(b) When requesting
				withdrawal of a complaint, the complainant shall submit a written and signed
				request to the department.
(c) If
				the notice of complaint has been issued to the employer, the department shall
				notify the employer of the withdrawal in writing.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-24 - Dismissal of complaint

Current through June,
				2024
(a) The department
				shall dismiss a complaint if:
(1) The
				department determines that the complaint was not filed in accordance with
				sections 12-27-20 and 12-27-21;
(2)
				At any point after the filing of a complaint, it is determined that the
				department does not have jurisdiction over the allegations contained in the
				complaint;
(3) It is determined
				after investigation that the alleged unlawful act by the employer was not
				substantiated or supported by available evidence;
(4) The complainant failed to cooperate with
				the department regarding the complaint or investigation, and the department
				received no response from the complainant within ten days after the date of the
				mailing of the notice to the complainant of the department's intent to dismiss
				the complaint; or
(5) The
				complainant could not be located, and the complainant did not respond within
				ten days to a notice sent by the department to the complainant's last known
				address.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-25 - Predetermination settlement

Current through June,
				2024
(a) Pursuant to
				section
				398-22,
				HRS, the department may dismiss a complaint in which the complainant and
				employer agree to settle prior to the issuance of a determination.
(b) The department may dismiss a complaint
				when the complainant refuses to accept an offer by the employer which the
				department determines would afford a just resolution for the harm alleged by
				the complainant, and the complainant fails to accept the offer within thirty
				days after the actual notice of the offer.
(c) Any predetermination settlement shall be
				in writing and specific in its terms. The written terms of the settlement shall
				be signed by the complainant, the employer, and the department.
(d) If approved, the case will be closed
				without a finding on the merits of the complaint, and a copy of the final
				predetermination settlement shall be mailed or delivered to the complainant and
				employer.
(e) Participation by the
				employer in a predetermination settlement attempt will not be construed as
				evidence of a violation of the statute, or a waiver of the right to a
				department determination on the issues raised by the complaint if a settlement
				cannot be achieved.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-26 - Investigation and fact-finding conference

Current through June,
				2024
(a) After the
				filing of a complaint, the department shall conduct an investigation in
				accordance with section
				398-23,
				HRS.
(b) As part of the
				investigation, the department may require the complainant and employer to
				attend a fact-finding conference.
(c) The fact-finding conference is primarily
				for the purposes of:
(1) Ascertaining the
				positions of the complainant and employer;
(2) Identifying the issues in
				dispute;
(3) Resolving those issues
				that can be resolved;
(4) Obtaining
				evidence; and
(5) Determining the
				possibility of a predetermination settlement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-27 - Conference and conciliation

Current through June,
				2024
(a) After a
				determination has been made pursuant to subsection 12-27-26(f), the department
				shall endeavor to remedy the violation by informal methods, such as conference
				or conciliation, and obtain agreement that the employer will eliminate the
				unlawful practice and provide appropriate relief or remedy.
(b) The department may require the
				complainant, the employer, or both to attend a conciliation conference for the
				purpose of attempting to informally resolve the matter. The department shall
				give notice of the time and place of the conciliation conference.
(c) Where conciliation efforts are
				successful, or when deemed to be appropriate by the department, a conciliation
				agreement shall be executed in accordance with section 12-27-28.
(d) Should the employer fail or refuse to
				confer or to make a good faith effort to resolve any dispute, or otherwise fail
				or refuse to cooperate, the department shall terminate its efforts to
				conciliate and shall issue a demand and order in accordance with section
				12-27-29.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-28 - Conciliation agreement

Current through June,
				2024
(a) The terms of a
				successful conciliation shall be reduced to a written agreement, which shall be
				signed by the complainant, the employer, and the department; provided that, in
				the judgment of the department, the agreement provides full and fair relief to
				the complainant. A copy of the signed conciliation agreement shall be sent to
				the complainant and employer.
(b)
				Where the complainant has refused to accept a proposed conciliation agreement,
				the department and the employer may enter into a conciliation agreement to
				which the complainant is not a party if the agreement does not affect the
				complainant's rights and if, in the department's opinion, the agreement
				provides for:
(1) A just resolution of all
				violations found; and
(2) The
				elimination of the unlawful practice. In that event, the department shall close
				the case without the complainant's consent and shall issue a notice of right to
				sue in accordance with section 12-27-31.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-29 - Demand and order

Current through June, 2024
(a) If the department finds that informal
				methods in section 12-27-27 will not resolve the complaint, the department
				shall issue an order and a demand for compliance by certified mail, return
				receipt requested, or personal delivery.
(b) The demand and order shall require the
				employer to:
(1) Cease and desist from
				engaging in the alleged unlawful practice; and
(2) Take appropriate remedial
				action.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-30 - Compliance review and reports

Current through June,
				2024
(a) The department
				is authorized to request proof of compliance by an employer with the terms of a
				predetermination settlement, conciliation agreement, demand and order, or
				decision.
(b) In order to obtain
				proof of compliance, the department may require an employer to submit reports
				that the department deems necessary to show the manner of compliance.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-31 - Notice of right to sue

Current through June,
				2024
(a) A notice of
				right to sue shall authorize a complainant alleging a violation of the statute
				to bring a civil suit pursuant to section
				398-25, HRS, within
				ninety days after receipt of the notice.
(b) At any time after the filing of a
				complaint with the department, a complainant may request, in writing, that the
				department issue a notice of right to sue.
(c) Upon a request made under subsection (b),
				the department may issue a notice of right to sue, provided that the department
				has not:
(1) Previously issued a
				notice;
(2) Entered into a
				conciliation agreement to which the complainant is a party; or
(3) Filed a civil action.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 2 - COMPLAINT AND INVESTIGATION PROCEDURES › Section 12-27-32 - Appeal

Current through June, 2024
(a) An employer may appeal a demand and order
				issued by the department pursuant to section 12-27-29.
(b) The appeal must be in writing and must be
				filed with the department no later than twenty days after the date of the
				demand and order.
(c) A hearing on
				the appeal shall be scheduled in accordance with section
				398-24, HRS,
				and subchapter 3.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-40 - Definitions

Current through June, 2024
As used in this subchapter:
"Party" or "parties" means the employer or employer
				  representative, the department, or both.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-41 - Prehearing conference

Current through June,
				2024
(a) At any time
				after the filing of an appeal by the employer, 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
				department 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 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-42 - Hearing

Current through June, 2024
(a) Any hearing under this subchapter shall
				be held in accordance with chapter
				91, HRS.
(b) All parties shall be given written notice
				of hearing by registered or certified mail with return receipt requested at
				least fifteen days before the hearing.
(c) 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.
(d) 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.
(e) 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.
(f)
				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.
(g) 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 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-43 - 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 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-44 - Evidence

Current through June, 2024
(a) Notwithstanding provisions in section
				398-24(f),
				HRS, the admissibility of evidence at a 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.
(c) An
				employer who files an appeal shall bear the burden of proof, including the
				burden of producing evidence and the burden of persuasion. Proof of a matter
				shall be by a preponderance of the evidence.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-45 - Decision

Current through June, 2024
(a) The hearings officer shall render a
				written decision 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 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW › Subchapter 3 - HEARING OF APPEAL › Section 12-27-46 - 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
				  91-14
				  HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-1 - Definitions

Current through June, 2024
As used herein:
"Apprentice" shall be as defined, in section
				372-2, HRS
"Apprenticeship agreement" shall be as defined in section
				372-2, HRS.
"Apprenticeship committee" means those persons designated by
				the sponsor to act for it in the administration of the program. A "joint"
				committee is composed of an equal number of representatives of the employers
				and of the employees represented by a bona fide collective bargaining agent. A
				"unilateral" or "non-joint" committee is composed of representatives of the
				employers and does not include a bona fide collective bargaining agent as a
				participant.
"Apprenticeship program" means a plan containing all terms and
				conditions for the qualification, recruitment, selection, employment, and
				training of apprentices.
"Apprenticeship standard" means the written document which sets
				forth the minimum labor standards required by law for training apprentices in a
				specified industry, area, or plant. By reference, it is a part of the
				apprenticeship agreement. There are two basic types of standards--one
				encompasses joint employer-union participation in the program; and one,
				referred to as unilateral, where responsibility for apprenticeship is assumed
				by either management or the union, but not both.
"Department" shall be as defined in section
				372-2, HRS.
"Director" shall be as defined in section
				372-2 HRS.
"Employer" means any person or organization employing an
				apprentice whether or not such person or organization is a party to an
				apprenticeship agreement with the apprentice.
"Registration of an apprenticeship agreement" means the
				acceptance and recording of the agreement by the department as evidence of the
				participation of the apprentice in a particular registered apprenticeship
				program.
"Registration of an apprenticeship program" means the
				acceptance and recording of such program by the department as meeting the basic
				standards and requirements of the department for approval of such program.
				Written approval shall be given by the department.
"Related instruction" means an organized and systematic form of
				instruction designed to provide the apprentice with knowledge of the
				theoretical and technical subjects related to the trade.
"Rule" shall be as defined in section
				91-1, HRS.
"Sponsor" means any person, corporation, association,
				committee, or organization operating an apprenticeship program and in whose
				name the program is approved and registered.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-2 - Purpose and scope

Current through June, 2024
(a) Section
			 372-5,
			 HRS, authorizes and directs the director to formulate and promote the
			 furtherance of labor standards necessary to safeguard the welfare of
			 apprentices and to extend the application of such standards by requiring the
			 inclusion thereof in apprenticeship programs.
(b) The purpose of this chapter is to set
			 forth rules to safeguard the welfare of apprentices, and to extend the
			 application of such standards by prescribing rules concerning the registration
			 of acceptable apprenticeship programs. These rules cover the standards of
			 apprenticeship, registration, cancellation and deregistration of apprenticeship
			 programs and of apprenticeship agreements, and matters relating
			 thereto.
(c) The provisions of this
			 chapter shall apply to a person, firm, corporation, association, committee
			 organization, or craft only after such person, firm, corporation, association,
			 committee, organization, or craft has elected to comply with its
			 provisions.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-3 - Eligibility for registration

Current through June,
			 2024
(a) No
			 apprenticeship program or agreement shall be eligible for registration unless
			 it conforms with section 12-30-6; Administrative Rules, section
			 12-31-3;
			 and chapter
			 372, HRS.
(b) Apprenticeship programs and standards of
			 employers and unions, except for building and construction industry, which
			 jointly form a sponsoring entity on a multi-state basis and are registered by
			 any other recognized state apprenticeship agency or council or by the Bureau of
			 Apprenticeship and Training, U.S. Department of Labor, shall be accorded
			 registration or approval reciprocity by the department if such reciprocity is
			 requested by the sponsoring entity. All program registrations shall conform to
			 subsection (a).
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-4 - Registration procedures

Current through June,
			 2024
(a) Under a program
			 sponsored for registration by an employer or employers' association, where the
			 standards, collective bargaining agreement, or other instrument provide for
			 participation by a union in any matter in the operation of the substantive
			 matters of the apprenticeship program, and such participation is exercised,
			 written acknowledgment of union agreement to the registration is required.
			 Where no such participation is evidenced and practiced, the employer or
			 employers' association shall simultaneously furnish to the union, if any, which
			 is the collective bargaining agent of the employees to be trained, a copy of
			 its apprenticeship program for registration. The department shall provide a
			 period of sixty days for receipt of union comments, before final action or
			 approval.
(b) Where the employees
			 to be trained have no collective bargaining agent, an apprenticeship program
			 may be proposed for registration by an employer or group of
			 employers.
(c) If the sponsor is
			 involved in any abnormal labor situation such as a strike, lockout, or other
			 similar situation, the approval of an application for an apprenticeship program
			 may be withheld by the department until such time as the department determines
			 that the situation is resolved.
(d)
			 If it is determined by the department that a sponsor is in violation of any
			 federal or state labor laws or rules and regulations affecting registration of
			 programs, the approval of the application for an apprenticeship program may be
			 withheld by the department until the department determines that such issues are
			 resolved.
(e) Approved
			 apprenticeship programs shall be accorded registration, evidenced by written
			 approval by the department.
(f) Any
			 proposed modification or change to registered programs shall be promptly
			 submitted to the department, and if approved, shall be recorded and
			 acknowledged as a revision of such programs.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-5 - Criteria for apprenticeable occupations

Current through June,
			 2024
An apprenticeable occupation is a skilled trade which possesses
				all of the following characteristics:
(1) It is customarily learned in a practical
			 way through a structured systematic program of on-the-job supervised
			 training;
(2) It is clearly
			 identified and commonly recognized throughout an industry;
(3) It involves manual, mechanical, or
			 technical skills and knowledge which require not less than twelve months or two
			 thousand hours of reasonably continuous employment; and
(4) It requires related instruction to
			 supplement the on-the-job training.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-7 - Apprenticeship agreement

Current through June,
			 2024
(a) Apprentices
			 shall be individually registered under a registered program. Registration shall
			 be effected by filing copies of each apprenticeship agreement with the
			 department.
(b) The apprenticeship
			 agree ment shall contain explicitly or by reference:
(1) Name and signature of the contracting
			 parties (apprentice and the program sponsor or employer) and the signature of a
			 parent or guardian if the apprentice is a minor;
(2) The date of birth of
			 apprentice;
(3) Name and address of
			 the program sponsor and registration agency;
(4) A statement of the trade or craft in
			 which the apprentice is to be trained and the beginning date and term of
			 apprenticeship; and
(5) A reference
			 incorporating as part of the agreement the standards of the apprenticeship
			 program as it exists on the date of the agreement and as it may be amended
			 during the period of the agreement.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-8 - Cancellation or temporary suspension of apprenticeship agreement

Current through June, 2024
The department may cancel or temporarily suspend an
				apprenticeship agreement upon concurrence of the parties thereto, or at the
				request of the apprentice, or upon recommendation by the sponsor, or, on the
				director's own motion.
(1) On request
			 of the apprentice or upon agreement of the parties, the director may cancel or
			 temporarily suspend the registration of an apprenticeship agreement by a
			 written acknowledgment of such request to all parties affected, and giving the
			 effective date of such cancellation or temporary suspension.
(2) The director may cancel or temporarily
			 suspend the registration of an apprenticeship agreement upon recommendation of
			 the sponsor, or on the director's own motion. The director shall notify the
			 appropriate parties in writing.
(A) The
			 notice shall be sent by certified mail, return receipt requested, shall state
			 the reasons for the cancellation or suspension action, and shall state that the
			 apprenticeship agreement will be cancelled or suspended unless, within ten
			 workdays of receipt of the notice, the apprentice or sponsor contest the
			 proposed action.
(B) If a hearing
			 is requested, the hearing shall be held in accordance with section
			 12-30-10.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-9 - Deregistration of apprenticeship program

Current through June,
			 2024
(a) Deregistration
			 of a program may be by the voluntary action of the sponsor or, upon good cause,
			 by the department through deregistration proceedings in accordance with the
			 provisions of this chapter.
(b) The
			 director may cancel the registration of an apprenticeship program by a written
			 acknowledgment of a sponsor's request stating, but not limited to, the
			 following:
(1) The registration is canceled
			 at sponsor's request with notice of intent to all parties affected, and giving
			 the effective date of such cancellation
(2) That within fifteen work days of the date
			 of the acknowledgment, the sponsor shall notify all apprentices of such
			 cancellation and the effective date and that such cancellation automatically
			 deprives the apprentices of their individual registration.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-10 - Hearings

Current through June, 2024
(a) All hearings required by this chapter
			 shall be held in accordance with chapter
			 91, HRS.
(b) The director or an authorized
			 representative shall have the responsibility of giving notice of hearings and
			 conducting and regulating the course of the hearings. Every party shall have
			 the right to counsel and a fair opportunity to present the party's case,
			 including such cross-examination as may be appropriate under the circumstances.
			 The director or an authorized representative shall make every reasonable effort
			 to obtain all pertinent facts and shall render a final decision based on the
			 findings.
(c) Any person aggrieved
			 by the final decision of the department shall be entitled to judicial review as
			 provided by section 14 of chapter
			 91, HRS.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-11 - Reinstatement of program registration

Current through June,
			 2024
Any apprenticeship program deregistered pursuant to chapter
				372, HRS, and this chapter, may be
				reinstated upon presentation of adequate evidence that the apprenticeship
				program will be operated in accordance with chapter
				372, HRS, and this
				chapter.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 30 - APPRENTICESHIP PROGRAMS › Section 12-30-12 - Complaints

Current through June, 2024
(a) Any complaint concerning discrimination
			 or other equal opportunity matters shall be submitted, processed, and resolved
			 in accordance with state or federal equal employment opportunity
			 laws.
(b) Any controversy or
			 difference arising under an apprenticeship agreement which cannot be resolved
			 by the parties, or which is not covered by a collective bargaining agreement,
			 may be submitted to the department for review. Matters covered by a collective
			 bargaining agreement are not subject to such review.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-1 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the department of labor and industrial
				relations.
"Director" means the director of the department of labor and
				industrial relations.
"Employer" means any person or organization employing an
				apprentice whether or not such person or organization is a party to an
				apprenticeship agreement with the apprentice.
"Minority", as used in Title 29, CFR 30, includes Blacks not
				Hispanic, American Indian or Alaskan Native, Asian or Pacific Islander, and
				Hispanic (including Latin Americans, Mexican Americans, and Puerto
				Ricans).
"Secretary" means the Secretary of Labor, U.S. Department of
				Labor (USDOL), the Assistant Secretary of Labor for Employment and Training,
				USDOL, or any person specifically designated by either of them.
"Sponsor" means any person, corporation, association,
				committee, or organization operating an apprenticeship program and in whose
				name the program is approved and registered.
Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 31 - A STATE PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP PROGRAMS › Section 12-31-2 - Scope and purpose

Current through June,
			 2024
(a) This chapter
			 sets forth the state plan for equal employment opportunity in apprenticeship
			 programs which are registered with, the department in accordance with chapter
			 372, Hawaii Revised Statutes, and chapter 30, title 12 Administrative
			 Rules.
(b) The purpose of this state
			 plan is to:
(1) Promote equality of
			 opportunity in apprenticeship programs by prohibiting discriminatory practices
			 as@cited in section 378-2, Hawaii Reviged Statutes; and
(2) Require affirmative action to provide
			 equal opportunity in such apprenticeship programs.