Title 21, Labor And Industrial Relations

PART I. FINDINGS AND PURPOSE §373C-1 Findings. The legislature finds that there is a need to coordinate the efforts of a variety of employment-related agencies, programs, and activities, for the purpose of strengthening employment, training, and educational planning and delivery …

§373C-2 Purpose. It is the purpose of this chapter to provide for the development and delivery of occupational and career information on a statewide basis. This information is to be used for the purpose of employment, training, educational, and career planning with a special view…

PART III. HAWAII OCCUPATIONAL INFORMATION SYSTEM §373C-21 Purpose. An occupational information database can provide information for employment, training, and educational program planning, as well as provide input for career planning and job search purposes. The system shall use d…

§373C-23 Responsibilities. The department of labor and industrial relations shall be responsible for the preparation of occupational employment demand information concerning projected needs for occupational skills in Hawaii's labor market. The department of education and Universi…

PART IV. HAWAII CAREER INFORMATION DELIVERY SYSTEM §373C-31 System's powers and duties. The Hawaii career information delivery system shall be a part of the Hawaii occupational information system. It shall develop and deliver occupational and educational information used for care…

§373C-32 Organization. The delivery of career information on a statewide basis shall be through the Hawaii career information delivery system program, operated and managed by the department of labor and industrial relations to provide for the maximum input of customer needs and c…

§373C‑33 Personnel. The department of labor and industrial relations may establish positions and hire necessary personnel for the purposes of this part in accordance with chapter 76. [L 1983, c 193, pt of §1; am L 2000, c 253, §150; am L 2006, c 300, §12]

§373C-34 Authorization to receive cost reimbursements. The department of labor and industrial relations may make such agreements or contracts as are approved by the governor with any county, city, state, territory, association, society, or person for the purpose of sharing occupa…

PART V. HAWAII OCCUPATIONAL EMPLOYMENT PLANNING SYSTEM §373C-41 Powers and duties. The Hawaii occupational employment planning system shall be part of the Hawaii occupational information system. It shall develop and deliver occupational employment demand and supply information us…

§373C-42 Organization. The development of occupational employment planning information shall be carried out through the responsibilities defined in section 373C-23. [L 1983, c 193, pt of §1; am L 2001, c 171, §7]

§373C-43 Occupational employment statistics program. The department of labor and industrial relations shall conduct an occupational employment statistics program to develop occupational demand projections in fulfilling the responsibilities of section 373C-23. [L 1983, c 193, pt o…

§373C-44 Labor market information development program. The department of labor and industrial relations shall conduct a labor market information development program to develop employment and unemployment demographics and to conduct labor market area industrial economic analysis i…

§373L-1 Definitions. Whenever used in this chapter, unless the context otherwise requires: "Client company" means any person that enters into a professional employer agreement with a professional employer organization and has covered employees. "Covered employee" means an individ…

[§373L-1.5 Names; registration of person required.] No person within the purview of this chapter shall use the terms "professional employer organization", or "PEO", or other similar name unless the person is registered and in compliance with this chapter and the rules adopted pur…

§373L-2 Registration required. (a) Every professional employer organization shall register with the director by providing all of the information required by this section and by rules adopted by the director pursuant to chapter 91 prior to entering into any professional employer a…

§373L-3 Bond required. (a) No professional employer organization shall enter into a professional employment agreement with a client company in the State unless the professional employer organization posts a surety bond, or an irrevocable letter of credit equivalent to the require…

[§373L-4] Exemptions. A person who engages only in the following activities shall not be deemed a professional employer organization for purposes of this chapter and shall be exempt from the requirements of this chapter: (1) Arrangements wherein a person, whose principal business…

[§373L-5] Rules. The director shall adopt rules pursuant to chapter 91 that the director deems necessary for the effective administration and enforcement of this chapter. [L 2010, c 129, pt of §1]

[§373L-6] Responsibility of professional employer organizations. During the term of the agreement between a professional employer organization and its client company, the professional employer organization shall be deemed the employer for all covered employees for purposes of com…

[§373L-7] Payroll cost exemption. At the end of each calendar year, the department shall provide the names, date of registration, and contact information of all professional employer organizations that have successfully complied with the requirements of this chapter to the depart…

[§373L-8] Fees. (a) No applicant shall be allowed to register pursuant to this chapter unless the appropriate fees have been paid. (b) Effective July 1, 2013, the director shall collect fees in the following amounts: (1) Registration fee $ 500 (2) Biennial renewal fee $ 750 (3) R…

§377-1 Definitions. When used in this chapter: "All union agreement" means an agreement between an employer and the representative of the employer's employees in a collective bargaining unit whereby all of the employees in such unit are required to be members of a single labor or…

§377-10 Financial reports to employees. Every person acting as the representative of employees for collective bargaining shall keep an adequate record of the person's financial transactions and shall present annually, to such employees as may be members of the association with wh…

§377-11 Rules. The board may adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with chapter 91. [L 1945, c 250, §11; RL 1955, §90-12; am L 1965, c 96, §67 superseded by c 244, §6; HRS §377-11; am L 1985, c 251, …

§377-12 Strike notice. Where the exercise of the right to strike by employees of any employer engaged in the State in the production, harvesting, or initial processing of any farm, agricultural, or dairy product produced in the State would tend to cause the destruction or serious…

§377-13 Public records and proceedings. The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the pu…

§377-14 List of labor organizations. The board shall maintain a list of labor organizations. To be recognized as such and to be included in the list, an organization shall file with the board a statement of its name, the name and address of its secretary or other officer to whom …

§377-15 Penalty. Any person who wilfully assaults, resists, prevents, impedes, or interferes with the conciliator or any member of the board or any of the agents or agencies of either in the performance of duties pursuant to this chapter shall be fined not more than $500 or impri…

§377-16 Construction. Except as specifically provided in this chapter, nothing herein shall be construed so as to interfere with or impede or diminish in any way the right to strike or the right of individuals to work, nor shall anything in this chapter be so construed as to inva…

§377-17 Conflicting provisions. Wherever the application of the provisions of other laws conflicts with the application of the provisions of this chapter, this chapter shall prevail, provided that in any situation where the provisions of this chapter cannot be validly enforced th…

§377-18 Cooperation with National Labor Relations Board. The conciliator and the board shall cooperate with the National Labor Relations Board and its agents and representatives. [L 1945, c 250, §20; RL 1955, §90-19; HRS §377-18; am L 1985, c 251, §25]

§377-2 Administration by Hawaii labor relations board. The Hawaii labor relations board provided for in chapter 89 shall administer the Hawaii employment relations act. The board shall have a seal for the authentication of its orders and proceedings, upon which shall be inscribed…

§377-3 Conciliator. In the event the board receives information that a labor dispute exists and determines that the dispute is within its jurisdiction and that the possibility of settlement and termination of the dispute may be increased by conciliation, the board shall so notify…

§377-4 Rights of employees. Employees shall have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of coll…

§377-4.5 Religious exemption from labor organization membership. Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historicall…

[§377-4.6] Streamlining union certification. (a) When an employee, group of employees, or any individual or labor organization acting on their behalf, files a petition alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be…

[§377-4.7] Facilitating initial collective bargaining agreements. (a) No later than ten days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative, the parties shall meet…

§377-5 Representatives and elections. (a) Representatives chosen for the purposes of collective bargaining by a majority of the employees voting in a collective bargaining unit shall be the exclusive representatives of all of the employees in such unit for the purposes of collect…

§377-6 Unfair labor practices of employers. It shall be an unfair labor practice for an employer individually or in concert with others to: (1) Interfere with, restrain, or coerce the employer's employees in the exercise of the rights guaranteed in section 377-4; (2) Initiate, cr…

§377-7 Unfair labor practices of employees. It shall be an unfair labor practice for an employee individually or in concert with others: (1) To coerce or intimidate an employee in the enjoyment of the employee's legal rights, including those guaranteed in section 377-4; (2) To co…

§377-8 Unfair labor practices of any person. It shall be an unfair labor practice for any person to do or cause to be done, on behalf or in the interest of employers or employees, or in connection with or to influence the outcome of any controversy as to employment relations, any…

§377-9 Prevention of unfair labor practices. (a) Any controversy concerning unfair labor practices may be submitted to the board in the manner and with the effect provided in this chapter, but nothing herein shall prevent the pursuit of relief in courts of competent jurisdiction.…

§378-1 Definitions. As used herein: "Arrest and court record" includes any information about an individual having been questioned, apprehended, taken into custody or detention, held for investigation, charged with an offense, served a summons, arrested with or without a warrant, …

[Part VIII.] mobile applications [§378-101] 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: (1) A prospective employe…

[§378-102] Unlawful practices. It shall be unlawful for any employer to: (1) Require an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be reveal…

[§378-103] Exception. Nothing in this part shall be deemed to: (1) Repeal or affect any law, ordinance, rule, or regulation having the force and effect of law; (2) Apply to the United States government; (3) Conflict with or affect the application of security regulations in employ…