Hawaii Administrative Code

(a) Any person aggrieved by the director's action in denying, granting, revoking, or cancelling of an employment certificate for theatrical employment may file, within ten days after the director's action, a written request for reconsideration by the director. (b) A request for r…

Notes Haw. Code R. §§ 12-25-27 to 12-25-30

As used in this subchapter: "Coffee harvesting" means gainful occupation in the picking, stripping, raking, or collecting of coffee berries, or any other activity incidental or necessary to the harvesting thereof, as distinguished from processing, pulping, demucilaging, drying, h…

Subject to all the conditions imposed by this subchapter, minors between ten and fourteen years of age may be employed or permitted to work in coffee harvesting, provided that each minor, while performing such work, is under the direct supervision of the minor's parent or legal g…

(a) Minors between ten and fourteen years of age may engage in coffee harvesting during the hours from six o'clock a.m. to six o'clock p.m. on any day when the school at which the minors are registered is not in session, and subject to the following limitations: (1) The minors sh…

No minor under eighteen years of age shall be employed or permitted to work in coffee harvesting unless an employment certificate shall have been obtained pursuant to chapter 390, Hawaii Revised Statutes. Notes Haw. Code R. § 12-25-34 [Eff. OCT. 5, 1981] (Auth: HRS §§ 390-2, 390-…

Notes Haw. Code R. §§ 12-25-35 to 12-25-40

As used in this subchapter: "Department" shall be as defined in section 390-1, Hawaii Revised Statutes. "Employment" means any service performed by an individual which produces pecuniary gain for any person or persons connected therewith. Notes Haw. Code R. § 12-25-41 [Eff. OCT. …

(a) As used in this section: "Driver" means any individual who, in the course of employment, drives a motor vehicle at any time; "Gross vehicle weight" includes the truck chassis with lubricants, water and full tank or tanks of fuel, plus the weight of the cab or driver's compart…

(a) As used in this section: "Off-bearing" means the removal of material or refuse directly from a saw table or from the point of operation. Operations not considered as off-bearing within the intent of this section include: (1) The removal of material or refuse from a circular s…

(a) As used in this section: "Ionizing radiation" means alpha and beta particles, electrons, protons, neutrons, gamma and X-ray, and all other radiations which produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and X-rays.…

(a) As used in this section: "Crane" means a power-driven machine for lifting and lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. The term includes all types of cranes, such as cantilever gantry, crawler, gantry, ham…

(a) As used in this section: "Forming, punching, and shearing machines" means power-driven metal working machines, other than machine tools, which change the shape of or cut metal by means of tools, such as dies, rolls, or knives which are mounted on rams, plungers, or other movi…

(a) As used in this section: "Boning occupations" means the removal of bones from meat cuts. It does not include work that involves cutting, scraping, or trimming meat from cuts containing bones. "Curing cellar" includes the workroom or workplace which is primarily devoted to the…

The following occupations involved in the operation of power-driven bakery machines are declared hazardous for minors under eighteen years of age: (1) Operating, assisting to operate, or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer,…

(a) As used in this section: "Operating or assisting to operate" means all work which involves starting or stopping a machine covered by this section, placing materials into or removing them from the machine, or any other work directly involved in operating the machine. "Paper pr…

(a) As used in this section: "Clay construction products" means brick, hollow structural tile, sewer pipe and kindred products, refractories, and other clay products such as architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wal…

(a) As used in this section: "Band saw" means a machine equipped with an endless steel band having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials. "Circular saw" means a machine equipped with a thin steel disc having a conti…

(a) As used in this section, "wrecking, demolition, and shipbreaking operations" means all work, including clean up and salvage work, performed at the site of the total or partial razing, demolishing, or dismantling of a building, bridge, steeple, tower, chimney, other structure,…

(a) As used in this section: "Roofing operations" means all work performed in connection with the application of weatherproofing materials and substances (such as tar or pitch, asphalt prepared paper, tile, slate, metal, translucent materials, and shingles of asbestos, asphalt, o…

(a) Except as otherwise provided in this section, the following occupations in excavation operations are declared hazardous for minors under eighteen years of age: (1) Excavating, working in, or backfilling (refilling) trenches, except: (A) Manually excavating or manually backfil…

(a) As used in this section, "all occupations in connection with mining" means all work performed: (1) Underground in mines and quarries; (2) On the surface at underground mines and underground quarries; (3) In or about open-cut mines, open quarries, clay pits, and sand and grave…

(a) As used in this section: "All occupations in logging" means all work performed in connection with the felling of timber; the bucking or converting of timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar produc…

The following occupations in agriculture are declared hazardous for minors under sixteen years of age: (1) Transporting, transferring, or applying anhydrous ammonia; (2) Any occupation, including handling, applying, cleaning, or decontaminating equipment, associated with any pest…

In addition to occupations hereinbefore declared hazardous, the following occupations are declared hazardous for minors under sixteen years of age: (1) Manufacturing or processing occupations, including occupations requiring the performance of any duties in workrooms or workplace…

The following occupations in retail, food service, and gasoline service establishments shall not be deemed hazardous for minors who have attained the age of fourteen: (1) Office and clerical work, including the operation of office machines; (2) Cashiering, selling, modeling, art …

Notes Haw. Code R. §§ 12-25-60 to 12-25-70

As used in this subchapter: "Department" shall be as defined in section 390-1, Hawaii Revised Statutes. "Director" shall be as defined in section 390-1, Hawaii Revised Statutes. "Employer" shall be as defined in section 390-1, Hawaii Revised Statutes. "Gainful occupation" shall b…

Subject to all the conditions imposed by this subchapter, a variance is granted from the number of hours in any one week and the hour of termination of the workday as specified in section 390-2(c)(4), Hawaii Revised Statutes. Notes Haw. Code R. § 12-25-72 [Eff. OCT. 5, 1981] (Aut…

(a) During the period from June 1 through the day before Labor Day of each year, minors who have attained the age of fifteen but not sixteen may engage in pineapple harvesting not more than forty-eight hours in a workweek nor more than eight hours in a day and from 6:00 a.m. of a…

No minor who has attained the age of fifteen but not sixteen shall be employed or permitted to work in pineapple harvesting unless a certificate of employment shall have been obtained pursuant to section 390-3, Hawaii Revised Statutes. Notes Haw. Code R. § 12-25-74 [Eff. OCT. 5, …

Notes Haw. Code R. §§ 12-25-75 to 12-25-80

As used in this subchapter: "Department" shall be as defined in section 390-1, Hawaii Revised Statutes. "Director" shall be as defined in section 390-1, Hawaii Revised Statutes. "Employer" shall be as defined in section 390-1, Hawaii Revised Statutes. "Employment" means any servi…

Employment as defined in this subchapter does not include services by any minor under eighteen years of age employed in a non-hazardous occupation by a religious, charitable, or nonprofit organization during periods when the minor is not legally required to attend school or is ex…

Any organization claiming to be religious, charitable, or non-profit may be required to provide information to the department for determination as to its status. Notes Haw. Code R. § 12-25-83 [Eff. OCT. 5, 1981] (Auth: HRS § 390-6) (Imp: HRS § 390-5)

As used in this chapter: "Attorney general" means the State attorney general or any deputy of the State attorney general. "Benefit" means any employment benefit (other than salary or wages) provided or made available to an employee by an employer, including group life insurance, …

(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…

(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 t…

(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 …

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…

Notes Haw. Code R. §§ 12-27-14 to 12-27-19

This chapter sets forth the procedures for the administration and enforcement of the statute. Notes Haw. Code R. § 12-27-2 [Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS § 398-9)

(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 complaina…

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 …

(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 t…

(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 em…

(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 ove…