Title 21, Labor And Industrial Relations

[§378-104] Civil actions for injunctive relief or damages. (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, actual damages, or both within two years after the occurrence of the alleged violation. (b) A cause of action p…

§378-2 Discriminatory practices made unlawful; offenses defined. (a) It shall be an unlawful discriminatory practice: (1) Because of race, sex including gender identity or expression, sexual orientation, age, religion, color, ancestry, disability, marital status, arrest and court…

§378-2.2 Sexual harassment or sexual assault; nondisclosure agreements; prohibited. (a) No employer shall enter into or require an employee to enter into a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or sexual assault occurri…

§378-2.3 Equal pay. (a) No employer shall discriminate between employees because of any protected category listed in section 378-2(a)(1) by paying wages to employees in an establishment at a rate less than the rate at which the employer pays wages to other employees in the establ…

[§378-2.4] Employer inquiries into and consideration of salary or wage history. (a) No employer, employment agency, or employee or agent thereof shall: (1) Inquire about the salary history of an applicant for employment; or (2) Rely on the salary history of an applicant in determ…

§378-2.5 Employer inquiries into conviction record. (a) Subject to subsection (b), an employer may inquire about and consider an individual's criminal conviction record concerning hiring, termination, or the terms, conditions, or privileges of employment; provided that the convic…

[§378-2.7] Employer inquiries into and consideration of credit history or credit report. (a) Notwithstanding section [378‑2(a)(8)]: (1) Inquiry into and consideration of a prospective employee's credit history or credit report may take place only after the prospective employee ha…

[§378-2.8] Job listing; disclosures. (a) Job listings shall disclose an hourly rate or salary range that reasonably reflects the actual expected compensation. (b) This section shall not apply to job listings for: (1) Positions that are internal transfers or promotions within a cu…

PART II. LIE DETECTOR TESTS [§378-26] Definitions. As used in this part: "Department" means the department of labor and industrial relations. "Director" means the director of labor and industrial relations. "Employee" means any individual in the employment of an employer. "Employ…

[§378-26.5] Unlawful practices. It shall be unlawful for any employer to: (1) Require a prospective employee or employee to submit to a lie detector test as a condition of employment or continued employment; (2) Terminate or otherwise discriminate against any employee or prospect…

§378-27 Exception. Nothing in this part shall be deemed to: (1) Repeal or affect any law or ordinance or government rule or regulation having the force and effect of law; (2) Apply to lie detector tests administered by any law enforcement or corrections agency; (3) Apply to the U…

[§378-27.5] Enforcement jurisdiction; complaint against unlawful practice. (a) The department shall have jurisdiction over practices made unlawful by this part. Any prospective employee or employee claiming to be aggrieved by an unlawful practice may file with the department a ve…

[§378-28] Power of department to prevent unlawful practice. (a) After the filing of any complaint, or whenever it appears to the department that an unlawful practice may have been committed, the department shall conduct an investigation in connection therewith. At any time after …

[§378-28.5] Investigation; oaths; affidavits; subpoena; witnesses; immunities. (a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the department that an unlawful practice may have been or is being committed, the director or an …

[§378-29] Rules. The director shall make such rules under chapter 91, not inconsistent with this part as in the judgment of the director are appropriate to carry out this part and for the efficient administration thereof. [L 1985, c 241, pt of §1]

§378-29.3 Penalties. (a) Civil. Any employer found in violation of this part shall be subject to a fine of no less than $250 nor more than $2,500 to be collected by the director and the fine shall not be suspended. Each violation shall constitute a separate offense. Amounts so co…

§378-3 Exceptions. Nothing in this part shall be deemed to: (1) Repeal or affect any law, ordinance, or government rule having the force and effect of law; (2) Prohibit or prevent the establishment and maintenance of bona fide occupational qualifications reasonably necessary to t…

PART III. UNLAWFUL SUSPENSION OR DISCHARGE §378-31 Definitions. As used in this part: "Appeal board" means the labor and industrial relations [appeals] board. "Department" means the department of labor and industrial relations. "Director" means the director of labor and industria…

§378-32 Unlawful suspension, barring, discharge, withholding pay, demoting, or discrimination. (a) It shall be unlawful for any employer to suspend, discharge, or discriminate against any of the employer's employees: (1) Solely because the employer was summoned as a garnishee in …

§378-33 Complaint against unlawful suspension, discharge, or discrimination. (a) Any employee aggrieved by an alleged unlawful suspension, discharge, or discrimination may file with the department of labor and industrial relations a complaint in writing, stating the name and addr…

§378-34 Proceeding and hearing on complaint. (a) After the filing of any complaint, the department of labor and industrial relations shall serve a copy of the complaint upon the employer charged. Service may be by delivery to the employer or by mail. The employer may file an answ…

§378-35 Findings and order. If the department of labor and industrial relations finds, after a hearing, that an employer has unlawfully suspended, discharged or discriminated against an employee in violation of section 378-32, the department may order the reinstatement, or reinst…

§378-36 Judicial review. Any person aggrieved by the order of the department of labor and industrial relations shall be entitled to judicial review as provided by section 91-14. [L 1967, c 22, pt of §1; HRS §378-36]

§378-37 Enforcement of order; judgment rendered thereon. If an employer fails or neglects to comply with the final order of the department of labor and industrial relations from which no appeal has been taken as provided by this part, the department or the employee affected may a…

§378-38 Rules and regulations. The director of labor and industrial relations shall adopt rules and regulations as the director deems necessary for the purpose of carrying out this part. [L 1967, c 22, pt of §1; HRS §378-38; gen ch 1985]

§378-4 Enforcement jurisdiction. The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by this part. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission a complaint in acco…

§378-5 Remedies. (a) The commission may order appropriate affirmative action, including, but not limited to, hiring, reinstatement, or upgrading of employees, with or without backpay, restoration to membership in any respondent labor organization, or other remedies as provided un…

[PART IV. FAIR REPRESENTATION] [§378-51] Action against labor organization, limitation. Any complaint, whether founded upon any contract obligation or for the recovery of damage or injury to persons or property, by an employee against a labor organization for its alleged failure …

§378-6 Inspection; investigation; records. (a) In connection with an investigation of a complaint filed under this part, or whenever it appears to the commission that an unlawful discriminatory practice may have been or is being committed, the commission's authorized representati…

[PART V.] WHISTLEBLOWERS' PROTECTION ACT A. General Provisions §378-61 Definitions. As used in this part: "Employee" means a person who performs a service for wages or other remuneration under a contract for hire, written or oral, express or implied. Employee includes a person em…

§378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of empl…

§378-63 Civil actions for injunctive relief or damages. (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part. (b) An act…

§378-64 Remedies ordered by court. A court, in rendering a judgment in an action brought pursuant to this part, shall order, as the court considers appropriate, reinstatement of the employee or public employee, payment of back wages, full reinstatement of fringe benefits and seni…

§378-65 Penalties for violations. (a) A person or public employer who violates this part shall be fined no less than $750 nor more than $7,500 for each violation. (b) A civil fine that is ordered pursuant to this part shall be deposited with the director of finance to the credit …

§378-66 Collective bargaining and confidentiality rights, takes precedence. (a) This subpart shall not be construed to diminish or impair the rights of a person under any collective bargaining agreement, nor to permit disclosures which would diminish or impair the rights of any p…

§378-67 Compensation for employee participation in investigation, hearing, or inquiry. This subpart shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by a public body in accordance with section …

§378-68 Notices of employee protections and obligations. An employer shall post notices and use other appropriate means to keep the employer's employees informed of their protections and obligations under this subpart. [L 1987, c 267, pt of §1; am L 2011, c 166, §10]

[§378-69] Conflict with common law, precedence. The rights created herein shall not be construed to limit the development of the common law nor to preempt the common law rights and remedies on the subject matter of discharges which are contrary to public policy. In the event of a…

B. Public Employees [§378-70] Protected disclosure by a public employee. (a) In addition to any other protections under this part, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee regarding the public employee's compensation, te…

PART VI. VICTIMS PROTECTIONS [A.] General Provisions [§378-71] Definitions. As used in this part: "Child" means an individual who is a biological, adopted, or foster son or daughter; a stepchild; or a legal ward of an employee. "Course of conduct" means acts over any period of ti…

[B.] Victims Leave §378-72 Leave of absence for domestic or sexual violence. (a) An employer employing fifty or more employees shall allow an employee to take up to thirty days of unpaid victim leave from work per calendar year, or an employer employing not more than forty-nine e…

[§378-73] Relationship to other leaves. If an employee is entitled to take paid or unpaid leave pursuant to other federal, state, or county law, or pursuant to an employment agreement, a collective bargaining agreement, or an employment benefits program or plan, which may be used…

[§378-74] Effect on employment and collective bargaining agreements; benefits. Nothing in this part shall be construed to supersede any provision of any employment agreement, collective bargaining agreement, or employment benefits program or plan that provides greater benefits or…

[C.] Reasonable Accommodations in the Workplace [§378-81] Reasonable accommodations. [(a)] An employer shall make reasonable accommodations in the workplace for an employee who is a victim of domestic or sexual violence, including: (1) Changing the contact information, such as te…

[§378-82] Civil actions. Any employee denied reasonable accommodations by an employer in violation of this subpart may file a civil action against the employer to enforce this subpart and recover costs, including reasonable attorney's fees, incurred in the civil action. [L 2011, …

[PART VII.] OPPORTUNITY TO EXPRESS MILK [§378-91] Definitions. As used in this part: "Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes an individual employ…