Hawaii Revised Statutes
Title 21. Labor and Industrial Relations

387-6 Employer's records; posting of notices; furnishing of pay data; director's rights and duties. - §387-6 Employer's records; posting of notices; furnishing of pay data;...

387-7 Wilful violations; penalty. - §387-7 Wilful violations; penalty. Any employer who wilfully hinders or...

387-8 Disclosure of information. - §387-8 Disclosure of information. Except as otherwise provided herein, information...

387-9 Special minimum wages for learners; apprentices; full-time students; paroled wards of Hawaii youth correctional facility. - §387-9 Special minimum wages for learners; apprentices; full-time students; paroled...

387-10 Oaths; affidavits; subpoenas; witnesses; immunities. - §387-10 Oaths; affidavits; subpoenas; witnesses; immunities. The director of labor...

387-11 Rules and regulations. - §387-11 Rules and regulations. The department of labor and industrial...

387-12 Penalties; collection of unpaid wages; injunctions; etc. - §387-12 Penalties; collection of unpaid wages; injunctions; etc. (a) Criminal....

387-13 Right of collective bargaining protected. - §387-13 Right of collective bargaining protected. Nothing in this chapter...

387-14 State-federal cooperation. - §387-14 State-federal cooperation. In the administration of this chapter, the...

387-15 Relation to child labor law. - §387-15 Relation to child labor law. Nothing in this chapter...

388. Wages and Other Compensation, Payment of

388-1 Definitions. - §388-1 Definitions. As used in this chapter: "Director" means the...

388-2 Semimonthly payday; method of payment of wages. - §388-2 Semimonthly payday; method of payment of wages. (a) Every...

388-3 Employees who are separated from the payroll before paydays. - §388-3 Employees who are separated from the payroll before paydays....

388-4 Payment of wages to relatives of deceased employees. - §388-4 Payment of wages to relatives of deceased employees. Where...

388-5 Unconditional payment of wages conceded to be due. - §388-5 Unconditional payment of wages conceded to be due. (a)...

388-5.5 Payment of wages by check or electronic transfer. - §388-5.5 Payment of wages by check or electronic transfer. Whenever...

388-5.7 Payment of wages by pay cards. - §388-5.7 Payment of wages by pay cards. (a) Notwithstanding section...

388-6 Withholding of wages. - §388-6 Withholding of wages. No employer may deduct, retain, or...

388-7 Notification, posting, and records. - §388-7 Notification, posting, and records. Every employer shall: (1) Notify...

388-8 Provisions of law may not be waived by agreement. - §388-8 Provisions of law may not be waived by agreement....

388-9 Enforcement. - §388-9 Enforcement. (a) The director of labor and industrial relations...

388-9.5 Order of wage payment violation; appeal. - §388-9.5 Order of wage payment violation; appeal. (a) When the...

388-9.6 Remittance of penalties. Until the order of wage payment violation becomes final, the director may withdraw or modify the order of wage payment violation or remit all or any part of a penalty assessed if good cause is shown; provided that the... - §388-9.6 Remittance of penalties. Until the order of wage payment...

388-9.7 Enforcement of the order of wage payment violation. The director may file in the circuit court in the jurisdiction in which the employer does business, a certified copy of the final order of wage payment violation. The court shall render a ju... - §388-9.7 Enforcement of the order of wage payment violation. The...

388-10 Penalties. - §388-10 Penalties. (a) Civil. Any employer who fails to pay...

388-11 Employees remedies. - §388-11 Employees remedies. (a) Action by an employee to recover...

388-12 Reciprocal agreements with other states; actions. - §388-12 Reciprocal agreements with other states; actions. (a) The director...

388-13 Rules and regulations. - §388-13 Rules and regulations. The director of labor and industrial...

388-31 to 388-33 REPEALED. - § §388-31 to 388-33 REPEALED. L 1972, c 27, §1.

388-41 Advance notice of termination of employment. - §388-41 Advance notice of termination of employment. If an employer...

388-42 Other applicable provisions. - §388-42 Other applicable provisions. Sections 388-1 to 388-13 shall be...

388-51 Job application processing fee. - §388-51 Job application processing fee. Except as provided for by...

388-52 Penalties - §388-52 Penalties. Any employer found in violation of section 388-51...

390. Child Labor Law

390-1 Definitions. - §390-1 Definitions. As used in this chapter: "Adult entertainment" means...

390-2 Employment of minors under eighteen years of age. - §390-2 Employment of minors under eighteen years of age. (a)...

390-3 Certificates of employment and age. - §390-3 Certificates of employment and age. (a) Certificates of employment...

390-4 Suspension, revocation, invalidation of certificate. - §390-4 Suspension, revocation, invalidation of certificate. The director may suspend,...

390-5 Exceptions. - §390-5 Exceptions. This chapter shall not apply to any minor...

390-6 Rules. - §390-6 Rules. The director shall adopt rules pursuant to chapter...

390-7 Child labor crime. - §390-7 Child labor crime. Any person, other than the minor...

392. Temporary Disability Insurance

392-1 Short title. - §392-1 Short title. This chapter shall be known as the...

392-2 Findings and purpose. - §392-2 Findings and purpose. A large portion of the labor...

392-3 Definitions generally. - §392-3 Definitions generally. As used in this chapter, unless the...

392-4 Place of performance. - §392-4 Place of performance. (a) "Employment" includes an individual's entire...

392-5 Excluded services. - §392-5 Excluded services. "Employment" as defined in section 392-3 shall...

392-6 Individual in current employment. - §392-6 Individual in current employment. "Individual in current employment" means:...

392-7 Average weekly wage. - §392-7 Average weekly wage. The "average weekly wage" for the...

392-21 Establishment of temporary disability benefits. - §392-21 Establishment of temporary disability benefits. (a) Any individual in...

392-21.5 Proceedings to determine employment and coverage. - §392-21.5 Proceedings to determine employment and coverage. The director of...

392-22 Weekly benefit amount. - §392-22 Weekly benefit amount. Benefits shall be computed as weekly...

392-23 Duration of benefit payments. - §392-23 Duration of benefit payments. Temporary disability benefits shall be...

392-24 Waiting period. - §392-24 Waiting period. No temporary disability benefits shall be payable...

392-25 Eligibility for benefits. - §392-25 Eligibility for benefits. An individual is eligible to receive...

392-26 Care by physician, advanced practice registered nurse, or equivalent required. - §392-26 Care by physician, advanced practice registered nurse, or equivalent...

392-27 Ineligibility in certain cases. - §392-27 Ineligibility in certain cases. An individual shall not be...

392-28 Duplication of benefits not permitted. - §392-28 Duplication of benefits not permitted. No temporary disability benefits...

392-29 No assignment of benefits; exemptions from attachment, etc. - §392-29 No assignment of benefits; exemptions from attachment, etc. No...

392-41 Provision for payment of benefits. - §392-41 Provision for payment of benefits. (a) An employer or...

392-42 Notice of insurance. - §392-42 Notice of insurance. If payment of disability benefits is...

392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction. - §392-42.5 Insurer's requirements; failure to maintain a claims service office;...

392-43 Authority to withhold contributions, rate of contribution, maximum weekly wage base. - §392-43 Authority to withhold contributions, rate of contribution, maximum weekly...

392-43.5 Payments of premium for ineligible employees not permitted. - §392-43.5 Payments of premium for ineligible employees not permitted. An...

392-44 Payment of disability benefits. - §392-44 Payment of disability benefits. Benefits provided under this chapter...

392-44.5 Notice of denial. - §392-44.5 Notice of denial. No employer or insurer shall deny...

392-45 Subrogation rights if employee entitled to workers' compensation benefits or indemnity under employers' liability acts. - §392-45 Subrogation rights if employee entitled to workers' compensation benefits...

392-46 Subrogation rights against third parties. - §392-46 Subrogation rights against third parties. If any individual who...

392-47 Failure to give security for payment of benefits; penalty; injunction. - §392-47 Failure to give security for payment of benefits; penalty;...

392-48 The insurance contract. - §392-48 The insurance contract. Every policy of insurance issued by...

392-49 Insolvency of employer not to release insurer. - §392-49 Insolvency of employer not to release insurer. Every policy...

392-50 Cancellation of insurance contracts. - §392-50 Cancellation of insurance contracts. No policy or contract of...

392-51 Failure to submit timely wage and employment information. - §392-51 Failure to submit timely wage and employment information. An...

392-52 Disposition of accrued benefits where insurer is unable to locate employee. - §392-52 Disposition of accrued benefits where insurer is unable to...

392-61 Establishment of trust fund for disability benefits. - Note Part heading amended by L 2013, c 100, §8....

392-62 Management of the fund. - §392-62 Management of the fund. The director of finance shall...

392-63 Disbursements from the fund. - §392-63 Disbursements from the fund. Expenditures of moneys in the...

392-64 Investment of moneys. - §392-64 Investment of moneys. With the approval of the department...

392-65 Temporary disability benefits to be paid from the trust fund for disability benefits; recovery of disability benefits. - §392-65 Temporary disability benefits to be paid from the trust...

392-66 Disability while unemployed. - §392-66 Disability while unemployed. (a) An employee whose employment with...

392-67 Assessments for the trust fund for disability benefits. - §392-67 Assessments for the trust fund for disability benefits. (a)...

392-68 Failure to pay assessments. - §392-68 Failure to pay assessments. If an employer or insurer...

392-69 Request for wage and employment information - §392-69 Request for wage and employment information. An employer to...

392-71 Appeal tribunal. - §392-71 Appeal tribunal. Appeals shall be heard by an impartial...

392-72 Appeals, filing, and hearing. - §392-72 Appeals, filing, and hearing. (a) If a person disputes...

392-73 Procedure. - §392-73 Procedure. The referee shall not be bound by common...

392-74 Conclusiveness of determinations and decisions. - §392-74 Conclusiveness of determinations and decisions. Except insofar as reconsideration...

392-75 Judicial review. - §392-75 Judicial review. Any party or the director may obtain...

392-76 Representation. - §392-76 Representation. In any proceeding for judicial review pursuant to...

392-77 Payment of benefits. - §392-77 Payment of benefits. Benefits shall be paid promptly in...

392-78 Recovery of benefits paid; individual's liability to repay benefits; insurer's appeal rights. - §392-78 Recovery of benefits paid; individual's liability to repay benefits;...

392-79 Reconsideration. - §392-79 Reconsideration. (a) At any time within one year from...

392-80 Appeal pending when reconsideration issued. - §392-80 Appeal pending when reconsideration issued. In the event that...

392-81 Notice of reconsideration. - §392-81 Notice of reconsideration. Notice of a reconsideration upon a...

392-86 Disputes between employers and employees relating to withholding of wages. - §392-86 Disputes between employers and employees relating to withholding of...

392-91 Enforcement by the director. - §392-91 Enforcement by the director. The director shall enforce the...

392-92 Penalties. - §392-92 Penalties. (a) Any person who, after twenty-one days written...

392-101 Limitation of fees. - §392-101 Limitation of fees. Any individual claiming benefits in any...

393. Prepaid Health Care Act

393-1 Short title. - §393-1 Short title. This chapter shall be known as the...

393-2 Findings and purpose. - §393-2 Findings and purpose. The cost of medical care in...

393-3 Definitions generally. - §393-3 Definitions generally. As used in this chapter, unless the...

393-4 Place of performance. - §393-4 Place of performance. "Employment" includes an individual's entire service,...

393-5 Excluded services. - §393-5 Excluded services. "Employment" as defined in section 393-3 does...

393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited. - §393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited....

393-7 Required health care benefits. - §393-7 Required health care benefits. (a) A prepaid health care...

393-11 Coverage of regular employees by group prepaid health care plan. - §393-11 Coverage of regular employees by group prepaid health care...

393-12 Choice of plan type and of contractor. - §393-12 Choice of plan type and of contractor. (a) Every...

393-13 Liability for payment of premium; withholding; recovery of premium. - §393-13 Liability for payment of premium; withholding; recovery of premium....

393-14 Commencement of coverage. - §393-14 Commencement of coverage. The employer shall provide the coverage...

393-15 Continuation of coverage in case of inability to earn wages. - §393-15 Continuation of coverage in case of inability to earn...

393-16 Liability of secondary employer. - §393-16 Liability of secondary employer. An employer who has been...

393-17 Exemption of certain employees. - §393-17 Exemption of certain employees. (a) In addition to the...

393-18 Termination of exemption. - §393-18 Termination of exemption. (a) If an exemption which has...

393-19 Freedom of collective bargaining. - §393-19 Freedom of collective bargaining. (a) In addition to the...

393-20 Adjustment of employer-sponsored plans. - §393-20 Adjustment of employer-sponsored plans. Where employees subject to the...

393-21 Individual waivers; additional withholding for dependents. - §393-21 Individual waivers; additional withholding for dependents. (a) An employee...

393-22 Exemption of followers of certain teachings or beliefs. - §393-22 Exemption of followers of certain teachings or beliefs. This...

393-23 Joint provision of coverage. - §393-23 Joint provision of coverage. Employers may form associations for...

393-24 Noncomplying employer held liable for employee's health care costs. - §393-24 Noncomplying employer held liable for employee's health care costs....

393-31 Enforcement by the director. - §393-31 Enforcement by the director. Except as otherwise provided in...

393-32 Rulemaking and other powers of the director. - §393-32 Rulemaking and other powers of the director. The director...

393-33 Penalties; injunction. - §393-33 Penalties; injunction. (a) If an employer fails to comply...

393-34 Penalties. - §393-34 Penalties. (a) Any person who, after twenty-one days written...

393-41 Establishment of premium supplementation trust fund. - §393-41 Establishment of premium supplementation trust fund. There is established...

393-42 Management of the fund. - §393-42 Management of the fund. The director of finance shall...

393-43 Disbursements from the fund. - §393-43 Disbursements from the fund. Expenditures of moneys in the...

393-44 Investment of moneys. - §393-44 Investment of moneys. With the approval of the department...

393-45 Entitlement to premium supplementation. - §393-45 Entitlement to premium supplementation. (a) An employer who employs...

393-46 Income directly attributable to the business. - §393-46 Income directly attributable to the business. (a) "Income directly...

393-47 Claim of premium supplementation. - §393-47 Claim of premium supplementation. An employer entitled to premium...

393-48 Prepaid health care benefits to be paid from the premium supplementation fund; recovery of benefits. - §393-48 Prepaid health care benefits to be paid from the...

393-51 REPEALED. - §393-51 REPEALED. L 1994, c 99, § §2, 3 as...

394. Manpower Development and Training

394-1 Purpose. - §394-1 Purpose. The purpose of this chapter is to establish...

394-2 Establishment of programs. - §394-2 Establishment of programs. (a) There is established within the...

394-3 Contracts; public and private sectors. - §394-3 Contracts; public and private sectors. (a) The department of...

394-4 Compensation. - §394-4 Compensation. The State shall pay to each person who...

394-5 Administration. - §394-5 Administration. The department of labor and industrial relations is...

394-6 Funds. - §394-6 Funds. The State shall provide funds to cover such...

394-7 Type of training. - §394-7 Type of training. Training is to be undertaken for...

394-8 New industry training program. - §394-8 New industry training program. (a) There is hereby established...

394-9 Eligibility requirements. - §394-9 Eligibility requirements. (a) In order to be eligible for...

394A. Job Training--Repealed - REPEALED. L 1997, c 346, §11. Cross References Workforce development...

394B. Dislocated Workers

394B-1 Findings and purpose. - §394B-1 Findings and purpose. The legislature finds that there is...

394B-2 Definitions. - §394B-2 Definitions. As used in this chapter: "Closing" means the...

394B-3 Employment opportunities. - §394B-3 Employment opportunities. The director shall identify job opportunities that...

394B-4 Dislocated workers program. - §394B-4 Dislocated workers program. The director shall establish a program...

394B-5 Relocation assistance. - §394B-5 Relocation assistance. The director may provide relocation assistance if:...

394B-6 Training costs to employers. - §394B-6 Training costs to employers. Added costs to employers shall...

394B-7 Labor organization consultation. - §394B-7 Labor organization consultation. Any activity under this chapter which...

394B-8 Coordination with federal programs. - §394B-8 Coordination with federal programs. The director shall develop plans...

394B-9 Notification; penalty. - §394B-9 Notification; penalty. (a) An employer in a covered establishment...

394B-10 Dislocated worker allowance. - §394B-10 Dislocated worker allowance. (a) Whenever a closing, partial closing,...

394B-11 Prompt payment of wages and benefits. - §394B-11 Prompt payment of wages and benefits. An employer in...

394B-12 Civil penalties. - §394B-12 Civil penalties. Except as provided in section 394B-9(b), any...

394B-13 Employees remedies. - §394B-13 Employees remedies. (a) An action by an employee to...

396. Occupational Safety and Health

396-1 Short title. - §396-1 Short title. This chapter shall be known as the...

396-2 Findings and purpose. - §396-2 Findings and purpose. Through years of research and study,...

396-3 Definitions. - §396-3 Definitions. When used in this chapter: "Aggravating character" means...

396-4 Powers and duties of department. - §396-4 Powers and duties of department. (a) Administration. The department...

396-4.5 Certification of safety and health professionals. - §396-4.5 Certification of safety and health professionals. (a) Only individuals...

396-5 REPEALED. - §396-5 REPEALED. L 1980, c 19, §3.

396-5.1 Fees. - §396-5.1 Fees. (a) The director may establish fees pursuant to...

396-5.5 REPEALED. - §396-5.5 REPEALED. L 1980, c 19, §4.

396-6 Employer responsibility: safe place of employment; safety devices and safeguards. - §396-6 Employer responsibility: safe place of employment; safety devices and...

396-7 Toxic materials. - §396-7 Toxic materials. (a) The department shall issue regulations requiring...

396-8 Employee responsibility and rights. - §396-8 Employee responsibility and rights. (a) Employee compliance. Each employee...

396-9 Explosives. - §396-9 Explosives. (a) No person shall use, store, or deal...

396-10 Violations and penalties. - §396-10 Violations and penalties. (a) Any employer who violates this...

396-11 Review. - §396-11 Review. (a) Any citation, proposed penalty, or order of...

396-11.5 Appeals board. - §396-11.5 Appeals board. (a) In any hearing conducted by the...

396-12 Judicial review. - §396-12 Judicial review. Except where an order has already become...

396-13 Trade secrets. - §396-13 Trade secrets. Information obtained by the department containing or...

396-14 Evidence. - §396-14 Evidence. No record or determination of any administrative proceeding...

396-15 Exception to liability. - §396-15 Exception to liability. Any employee who is required by...

396-16 Exception for federal jurisdiction. - §396-16 Exception for federal jurisdiction. Nothing in this chapter shall...

396-17 REPEALED. - §396-17 REPEALED. L 1999, c 28, §2.

396-18 Safety and health programs for contractors bidding on state construction jobs. - §396-18 Safety and health programs for contractors bidding on state...

396-19 Hoisting machine operators advisory board - §396-19 Hoisting machine operators advisory board. (a) There is created...

396-20 REPEALED. - §396-20 REPEALED. L Sp 2021, c 9, §18.

397. Boiler and Elevator Safety Law

397-1 Short title. - §397-1 Short title. This chapter shall be known as the...

397-2 Findings and purpose. - §397-2 Findings and purpose. The legislature finds that the Hawaii...

397-3 Definitions. - §397-3 Definitions. As used in this chapter: "Amusement ride" means...

397-4 Powers and duties. - §397-4 Powers and duties. (a) Administration. (1) The department shall...

397-5 Fees. - §397-5 Fees. (a) By rules adopted pursuant to chapter 91,...

397-5.5 REPEALED. - §397-5.5 REPEALED. L 2003, c 178, §10.

397-6 Safety inspection by qualified inspectors. - §397-6 Safety inspection by qualified inspectors. (a) All safety inspections...

397-7 Complaints to the department. - §397-7 Complaints to the department. (a) Complaints may be made...

397-8 Violations and penalties. - §397-8 Violations and penalties. (a) The director shall have authority...

397-9 Review and appeal. - §397-9 Review and appeal. Any order of the director shall...

397-10 Judicial review. - §397-10 Judicial review. Except where an order has already become...

397-11 Trade secrets. - §397-11 Trade secrets. Information obtained by the department containing or...

397-12 Evidence. - §397-12 Evidence. No record or determination of any administrative proceeding...

397-13 Boiler and elevator revolving fund; establishment; purpose. - §397-13 Boiler and elevator revolving fund; establishment; purpose. (a) There...

398. Family Leave

398-1 Definitions. - Note Sections 398-1 to 398-11 designated as Part I by...

398-1.5 Posting of notices. Every employer shall post and keep posted notices clearly setting forth the rights of employees provided by this chapter in a form prescribed by the director in conspicuous places in every establishment where any employee... - §398-1.5 Posting of notices. Every employer shall post and keep...

398-2 Inapplicability. - §398-2 Inapplicability. The rights provided under this chapter shall not...

398-3 Family leave requirement. - §398-3 Family leave requirement. (a) An employee shall be entitled...

398-4 Unpaid leave permitted; relationship to paid leave; sick leave. - §398-4 Unpaid leave permitted; relationship to paid leave; sick leave....

398-5 Notice. - §398-5 Notice. In any case in which the necessity for...

398-6 Certification. - §398-6 Certification. (a) An employer may require that a claim...

398-7 Employment and benefits protection. - §398-7 Employment and benefits protection. (a) Upon return from family...

398-8 Prohibited acts. - §398-8 Prohibited acts. (a) It shall be unlawful for any...

398-9 Administration. - §398-9 Administration. (a) The director shall have jurisdiction over those...

398-9.5 Family leave data collection system; establishment. - §398-9.5 Family leave data collection system; establishment. (a) There is...

398-10 Applicability. - §398-10 Applicability. (a) Section 398-3 shall set a minimum standard...

398-11 Rules. - §398-11 Rules. Subject to chapter 91, the director may adopt...

398-21 Filing of complaint. - §398-21 Filing of complaint. (a) Any individual claiming to be...

398-22 Predetermination settlement. - §398-22 Predetermination settlement. At any time after the filing of...

398-23 Investigation and conciliation. - §398-23 Investigation and conciliation. (a) The department may investigate and...

398-24 Appeal and hearing. - §398-24 Appeal and hearing. (a) Upon appeal by the employer,...

398-25 Civil action. - §398-25 Civil action. (a) If an employer fails or neglects...

398-26 Remedies. - §398-26 Remedies. (a) In addition to all employment terms and...

398-27 Notice of right to sue and employee remedies. - §398-27 Notice of right to sue and employee remedies. (a)...

398-28 Compliance review. - §398-28 Compliance review. The department may investigate whether the terms...

398-29 Penalty. - §398-29 Penalty. Any employer who intentionally resists, prevents, impedes, or...

398A. Leave of Absence for Organ, Bone Marrow, or Peripheral Blood Stem Cell Donation

398A-1 Definitions. - §398A-1 Definitions. As used in this chapter: "Employee" means a...

398A-2 Inapplicability. - §398A-2 Inapplicability. This chapter shall not apply to any leave...

398A-3 Leave requirement. - §398A-3 Leave requirement. (a) Subject to subsection (d), an employer...

398A-4 Restoration of employment. - §398A-4 Restoration of employment. An employer, upon expiration of a...

398A-5 Employee rights. - §398A-5 Employee rights. (a) An employer shall not interfere with,...

398A-6 Civil action. - §398A-6 Civil action. An employee may bring a civil action...

<< Previous

Next >>

Hawaii Revised Statutes Title 21. Labor and Industrial Relations

Hawaii Revised Statutes
Title 21. Labor and Industrial Relations