Title 21, Labor And Industrial Relations

§388-9 Enforcement. (a) The director of labor and industrial relations shall enforce and administer this chapter and the director or the director's authorized representatives may hold hearings and otherwise investigate charges of violations of this chapter and institute actions f…

[§388-9.5] Order of wage payment violation; appeal. (a) When the department of labor and industrial relations, as a result of the department's own investigation, finds that a violation of this chapter or administrative rules adopted under this chapter has been committed and not c…

[§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 employer in default compli…

§388-9.7 Enforcement of the order of wage payment violation. The director may file in any court of competent jurisdiction 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 judgment in a…

[§389-1] Short title. This chapter shall be known and may be cited as the Hawaii Retirement Savings Act. [L 2022, c 296, pt of §2]

[§389-10] Protection from liability; State. (a) The State, department of labor and industrial relations, Hawaii retirement savings board, Hawaii retirement savings program, and other departments, agencies, boards, commissions, and programs of the State and any officers or employe…

[§389-11] Confidentiality of participant and account information. Individual account information relating to accounts under the program and relating to individual participants, including but not limited to names, addresses, telephone numbers, email addresses, personal identificat…

[§389-12] Collaboration and cooperation; intergovernmental; interstate. (a) The board may enter into an intergovernmental agreement or memorandum of understanding with the State or any agency of the State to receive outreach, technical assistance, enforcement and compliance servi…

[§389-13] Civil actions. Any covered employee denied enrollment into the program in violation of section 389-5(e)(1) may file a civil action against the covered employer to require the covered employer to enroll the covered employee into the program and recover costs, including r…

§389-14 Penalties. (a) Any covered employer who fails to enroll a covered employee into the program in accordance with section 389-5(e)(1) without equitable justification shall be liable: (b) Any covered employer who fails to timely transmit a covered employee's payroll deduction…

[§389-15] Rulemaking. (a) The department, in consultation with the department of budget and finance, may adopt rules pursuant to chapter 91 to govern the actions of the board. (b) The board, in consultation with the department and department of budget and finance, may adopt rules…

[§389-16] Audits and annual reports. (a) The board shall cause an accurate account of all activities, operations, receipts, and expenditures to be maintained in relation to the program and the board. Each year, after the first full fiscal year following program implementation, a …

§389-2 Definitions. As used in this chapter, unless the context otherwise requires: "Board" means the Hawaii retirement savings board established under section 389-3. "Covered employee" means an individual who: "Covered employee" does not include an individual covered under the f…

[§389-3] Hawaii retirement savings board; establishment; purpose. (a) There is established within the department for administrative purposes only, a Hawaii retirement savings board to implement and administer a state-facilitated payroll-deduction retirement savings program for pr…

§389-4 Hawaii retirement savings board; powers; duties. (a) The board shall have powers and duties in accordance with law to: (C) Make investments for the benefit of the program; provided that no assets of the program shall be transferred to the general fund of the State or to an…

§389-5 Hawaii retirement savings program; due diligence; establishment; payroll deduction. (a) There is established within the department, for administrative purposes only, a Hawaii retirement savings program. The program shall be administered by the board, in consultation with t…

[§389-6] Hawaii retirement savings program; contribution amount; rates. The default contribution amount deducted from the payroll of a covered employee who has elected to contribute to the program shall be equal to five per cent of the covered employee's salary or wages; provided…

§389-7 Hawaii retirement savings program; program manager. (a) The program shall be managed by a program manager that shall be a financial institution with professional knowledge and experience in managing payroll deduction IRAs, contracted by the board in compliance with chapter…

[§389-8] Hawaii retirement savings special fund. (a) There is established within the state treasury a Hawaii retirement savings special fund, into which shall be deposited: (b) All moneys in the special fund are appropriated for the purposes of and shall be expended by the depart…

[§389-9] Protection from liability; employers. (a) No covered employer or other employer shall be liable for or bear responsibility for: (b) No covered employer or other employer shall be, or shall be considered to be, a fiduciary in relation to the program or any other arrangeme…

§390-1 Definitions. As used in this chapter: "Adult entertainment" means an activity to which a minor would not be able to legally gain admittance and shall include but not be limited to: "Department" means the department of labor and industrial relations. "Director" means the di…

§390-2 Employment of minors under eighteen years of age. (a) No minor under eighteen years of age shall be employed or permitted to work in, about, or in connection with any gainful occupation at any time except as otherwise provided in this section. In no event, however, shall t…

[§390-3] Certificates of employment and age. (a) Certificates of employment and age shall be issued by persons appointed by the director in the form and under conditions prescribed by the director. (b) A person designated to issue certificates of employment may refuse to issue a …

[§390-4] Suspension, revocation, invalidation of certificate. The director may suspend, revoke or invalidate any certificate of employment or age if in the director's judgment it was improperly issued, the minor is illegally employed, or the nature or condition of employment is s…

§390-5 Exceptions. This chapter shall not apply to any minor employed: provided that such employment is during periods when the minor is not legally required to attend school or when the minor has been excused by school authorities from attending school; in an occupation which ha…

§390-6 Rules. The director shall adopt rules pursuant to chapter 91, necessary for the purpose of this chapter. [L 1969, c 162, pt of §2; am L 2003, c 61, §5]

§390-7 Child labor crime. Any person, other than the minor employee, who knowingly violates any provision of this chapter shall be guilty of a misdemeanor. [L 1969, c 162, pt of §2; am L 2003, c 61, §6]

PART I. SHORT TITLE; PURPOSE; DEFINITIONS [§392-1] Short title. This chapter shall be known as the "Hawaii Temporary Disability Insurance Law". [L 1969, c 148, pt of §1]

PART VII. MISCELLANEOUS PROVISIONS §392-101 Limitation of fees. Any individual claiming benefits in any proceeding before the department or the referee may be represented by counsel or other duly authorized agent; but no such counsel or agent shall either charge or receive for su…

[§392-2] Findings and purpose. A large portion of the labor force of this State annually is disabled from pursuing gainful employment by reason of nonoccupational sickness or accident and as a result suffers serious loss of income. In approximately ten per cent of the cases such …

PART II. TEMPORARY DISABILITY BENEFITS §392-21 Establishment of temporary disability benefits. (a) Any individual in current employment who suffers disability resulting from accident, sickness, pregnancy, termination of pregnancy, or organ donation, except accident or disease con…

§392-21.5 Proceedings to determine employment and coverage. The director of labor and industrial relations shall have original jurisdiction over all controversies and disputes over employment and coverage under this chapter. Except in cases where services are specifically and exp…

§392-22 Weekly benefit amount. Benefits shall be computed as weekly amounts in the manner provided in this section:

[§392-23] Duration of benefit payments. Temporary disability benefits shall be payable for any period of disability following the expiration of the waiting period required in section 392-24. The duration of benefit payments shall not exceed twenty-six weeks for any period of disa…

[§392-24] Waiting period. No temporary disability benefits shall be payable during the first seven consecutive days of any period of disability. Consecutive periods of disability due to the same or related cause and not separated by an interval of more than two weeks shall be con…

§392-25 Eligibility for benefits. An individual is eligible to receive temporary disability benefits if the individual has been in employment for at least fourteen weeks during each of which the individual has received remuneration in any form for twenty or more hours and earned …

§392-26 Care by physician, advanced practice registered nurse, or equivalent required. (a) An individual shall be ineligible to receive temporary disability benefits with respect to any period during which the individual is not under the care of a person duly licensed to practice…

§392-27 Ineligibility in certain cases. An individual shall not be eligible to receive temporary disability benefits:

§392-28 Duplication of benefits not permitted. No temporary disability benefits shall be payable for any period of disability for which the employee is entitled to receive:

[§392-29] No assignment of benefits; exemptions from attachment, etc. No assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be valid; and such rights to benefits shall be exempt from levy, execution, attachm…

§392-3 Definitions generally. As used in this chapter, unless the context clearly requires otherwise: "Benefit year" with respect to any individual means the one-year period beginning with the first day of the first week of disability with respect to which the individual first fi…

[§392-4] Place of performance. (a) "Employment" includes an individual's entire service, performed within or both within and without this State if: (b) The term "employment" also includes all service performed by an officer or member of the crew of an American vessel on or in con…

PART III. PROVISION FOR TEMPORARY DISABILITY INSURANCE BENEFITS §392-41 Provision for payment of benefits. (a) An employer or an association of employers shall secure temporary disability benefits for their employees in one or more of the following ways: (b) During any period in …

§392-42 Notice of insurance. If payment of disability benefits is provided for in whole or in part by insurance pursuant to section 392-41(a)(1), (4), or (5), the employer or insurer shall forthwith file with the director in form prescribed by the director a notice of the employe…

§392-42.5 Insurer's requirements; failure to maintain a claims service office; penalty; injunction. (a) Each insurer shall maintain a complete claims service office or engage an independent claims adjusting service as its claims agent in this State with draft authority for the pr…