Hawaii Administrative Code

(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…

(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 empl…

Except where otherwise specified, the time in which any act provided by this chapter is to be done is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or holiday pursuant to section 8-1, HRS, and then it is also excluded. This…

(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 repo…

(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…

(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 sche…

Notes Haw. Code R. §§ 12-27-33 to 12-27-39

Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to the statute unless and until it is shown to the satisfaction of the department that: (1) The individual has been and will continue to be free from control or di…

As used in this subchapter: "Party" or "parties" means the employer or employer representative, the department, or both. Notes Haw. Code R. § 12-27-40 [Eff 2/3/05] (Auth: § 398-11) (Imp: § 398-24)

(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 a…

(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 presen…

(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 mat…

(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 accus…

(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. Notes Haw. Code R. § 12-27-45 [Eff 2/3/05] (Auth: HRS § 398-…

Any party aggrieved by the decision of the hearings officer shall be entitled to judicial review as provided by section 91-14 HRS. Notes Haw. Code R. § 12-27-46 [Eff 2/3/05] (Auth: HRS § 398-11) (Imp: HRS § 398-24)

(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 d…

(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 beneficia…

(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,…

(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 fou…

(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…

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" com…

(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…

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. Notes Haw. Code R. § 12-30-11 […

(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 cann…

(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.…

(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 construct…

(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 …

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 t…

An apprenticeship program shall be eligible For registration by the department if it conforms to the following standards: (1) The program is an organized, written plan embodying the terms and conditions of employment, training, and supervision of one or more apprentices in the ap…

(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 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 o…

(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 …

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 organ…

(a) A sponsor may select apprentices by means of any other method, including its present selection method, provided that the sponsor meets the following requirements: (1) The sponsor shall complete development of the revised selection method it proposes to use along with the rest…

(a) The sponsor shall establish a reasontbl@e pe@riod of not less than two weeks for accepting applications for admission-to ·an apprenticeship program. There shall be at least thirty days of public notice in advance of the earliest date for application for admission to the appre…

(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) Sponsors shall provide written notice of the above complaint procedure to all appl…

(a) The records pertaining to individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female participants. Each sponsor shall keep adequate records for a period of five years, including: (1) A summary of the qual…

(a) The department shall regularly conduct a systematic review of apprenticeship programs in order to determine the extent to which sponsors are complying with this chapter and shall also conduct compliance reviews, when circumstances so warrant, and take appropriate action regar…

A pattern or practice at noncompliance by a sponsor (or where the sponsor is a joint apprenticeship committee, by one of the parties represented on such committee) with federal or state laws or rules requiring equal opportunity may be grounds for the imposition of sanctions in ac…

If in the judgement of the department a particular situation requires special processing and determination, the department shall take the steps necessary to permit such determination if it finds that no person or party affected by the determination will be prejudiced by the speci…

(a) Where, as a result of a compliance review or other reason, the department determines that: (1) There is reasonable cause to believe that an apprenticeship program is not operating in accordance with this chapter; and (2) Voluntary corrective action has not been taken by the p…

Any apprenticeship program deregistered pursuant to this chapter may be reinstated upon presentation of adequate evidence to the director that the apprenticeship program is operating in accordance with this chapter. Notes Haw. Code R. § 12-31-18 [Eff. 7/30/81] (Auth: HRS § 372-5)…

Any intimidation, threat, coercion, or retaliation by, or with the approval of, any sponsor against any person for the purpose of interfering with any right or privilege of that person secured by chapter 378, Hawaii Revised Statutes; or Title VII of the Civil Rights Act of 1964, …

(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 p…

The commitments contained in the sponsors affirmative action program are not intended and shall not be used to discriminate against any qualified applicant or apprentice on the basis of race, color, religion, national origin, sex, age, physical handicap, marital status, or arrest…

Requests for exemption from this chapter, or any part thereof, shall be made in writing to the director and shall contain a statement of reasons supporting the request. Exemptions may be granted for good cause. The department shall notify the USDOL of any such exemptions granted …

(a) Each sponsor shall:(1) Prohibit discriminatory practices, in accordance with section 378-2, Hawaii Revised Statutes, in the recruitment, selection, employment, and training of apprentices; (2) Uniformly apply apprenticeship standards, including, but not limited to, equality o…