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 - Definitions

Current through June, 2024
As used in this chapter: "Apprentice" shall have the same
				  meaning as in section
				  372-2, HRS.
"Basic hourly rate" shall have the same meaning as in section
				  104-1, HRS.
"Construction of public work" includes without limitation new
				  construction, reconstruction, development, improvement, alteration, repair,
				  renovation, painting, decorating, dredging, shoring, simultaneous sewer
				  inspection and repair, and any other activity performed by a laborer or
				  mechanic employed at the site of a public work or at any property used by the
				  contractor, dedicated for the performance of the contract, such as batch
				  plants, borrow pits, fabrication plants, mobile factories, job headquarters,
				  and tool yards. As used in this definition, "other activity performed by a
				  laborer or mechanic employed at the site" includes the following if the
				  activity is an integral part of or is in conjunction with a construction
				  contract, or if there is substantial construction activity involved in a
				  supply, service, or other type of non-construction contract:
(1) Manufacturing or furnishing of materials,
				articles, supplies, or equipment on the job site;
(2) Warranty work;
(3) Demolition or excavation;
(4) Landscaping;
(5) Termite treatment; and
(6) Installation at the construction site of
				items or articles fabricated off-site, such as shelving, drapery, and
				communications equipment.
"Contract" means any type of agreement over $2,000 for
				  construction of a public work, regardless of what the agreement may be called,
				  including purchase orders and vouchers.
"Contractor" shall have the same meaning as in section
				  104-1, HRS, including but not
				  limited to the general contractor or any subcontractor, any individual,
				  partnership, firm, corporation, joint venture, or other legal entity, acting
				  directly or through an agent, employee, consultant, corporate officer or
				  corporate director, undertaking the execution of a construction contract over
				  $2,000 with a governmental contracting agency.
"Cost of fringe benefit" means the rate of contribution
				  irrevocably made by a contractor to a trustee or to a third person pursuant to
				  a fund, plan, or program in providing benefits to a laborer or mechanic
				  for:
(1) Health and welfare such as
				medical or hospital care, or insurance to provide for any of the
				foregoing;
(2) Unemployment, life
				insurance, sickness or disability insurance, or accident insurance;
(3) Vacation and holiday pay;
(4) Pensions on retirement or
				death;
(5) Defraying costs of
				apprenticeship or other similar programs; or
(6) Other bona fide fringe benefits as
				determined by the director;
except for chapter
				  393, HRS, where a contractor is
				  required by either federal or state law to provide these benefits the rate of
				  contribution or other costs for these benefits shall not be included.
"Department" means the department of labor and industrial
				  relations.
"Director" shall have the same meaning as in section
				  104-1, HRS.
"Employed" includes every person paid in any manner for
				  working in the construction of a work under a contract with a governmental
				  contracting agency, regardless of any contractual relationship alleged to
				  exist.
"Falsification of records" means the submission or filing of
				  inaccurate, misleading, or incorrect payment information on certified payrolls,
				  fringe benefit reporting forms, or other documentation required by this chapter
				  for construction work performed on a public works construction project when the
				  form submitted has been attested to or certified to be true and correct by the
				  contractor or the contractor's designated representative.
"Governmental contracting agency" shall have the same meaning
				  as in sections 104-1 and
				  104-2, HRS.
"Hawaii Revised Statutes" or "HRS" means laws enacted by the
				  Hawaii state legislature.
"Prevailing area practice" means the labor classifications of
				  the work performed by the laborers or mechanics of the group used by the
				  contractors whose wage rates were determined to be prevailing in the locality
				  and are incorporated into and represented in the applicable wage rate schedule
				  issued by the department.
"Public work" shall have the same meaning as in section
				  104-1, HRS, and includes without
				  limitation:
(1) Any building,
				structure, road, or real property, the construction of which is undertaken:
(A) By authority of; and
(B) Through the use of funds, grants, loans,
				bonds, land, or other resources of the State or any county, board, bureau,
				authority, commission, or other agency or instrumentality thereof, to serve the
				interest of the public, regardless of whether title thereof is held by a state
				or county agency. However, subsequent construction to fixtures or appurtenances
				attached to the assigned space of an individual occupant, lessee, or tenant of
				the building or structure, contracted by other than a state or county agency or
				instrumentality thereof, shall not be subject to chapter
				104, HRS; or