Title 21, Labor And Industrial Relations

§393-3 Definitions generally. As used in this chapter, unless the context clearly requires otherwise: "Department" means the department of labor and industrial relations. "Director" means the director of labor and industrial relations. "Employer" means any individual or type of o…

PART III. ADMINISTRATION AND ENFORCEMENT [§393-31] Enforcement by the director. Except as otherwise provided in section 393-7 the director shall administer and enforce this chapter. The director may appoint such assistants and such clerical, stenographic, and other help as may be…

[§393-32] Rulemaking and other powers of the director. The director may adopt, amend, or repeal, pursuant to chapter 91, such rules and regulations as the director deems necessary or suitable for the proper administration and enforcement of this chapter. The director may round of…

§393-33 Penalties; injunction. (a) If an employer fails to comply with section 393-11, 393-12, 393-13, or 393-15 the employer shall pay a penalty of not less than $25 or of $1 for each employee for every day during which such failure continues, whichever sum is greater. The penal…

§393-34 Penalties. (a) Any person who, after twenty-one days written notice and the opportunity to be heard by the director, is found to have violated any provision of this chapter or rule adopted thereunder for which no penalty is otherwise provided, shall be fined not more than…

[§393-4] Place of performance. "Employment" includes an individual's entire service, performed within or both within and without this State if:

PART IV. PREMIUM SUPPLEMENTATION §393-41 Establishment of premium supplementation trust fund. There is established in the treasury of the State, separate and apart from all public moneys or funds of the State, a trust fund for premium supplementation which shall be administered e…

[§393-42] Management of the fund. The director of finance shall be the treasurer and custodian of the premium supplementation fund and shall administer the fund in accordance with the directions of the director of labor and industrial relations. All moneys in the fund shall be he…

[§393-43] Disbursements from the fund. Expenditures of moneys in the premium supplementation fund shall not be subject to any provisions of law requiring specific appropriations or other formal release by the state officers of money in their custody. All payments from the fund sh…

[§393-44] Investment of moneys. With the approval of the department the director of finance may, from time to time, invest such moneys in the premium supplementation fund as are in excess of the amount deemed necessary for the payment of benefits for a reasonable future period. S…

[§393-45] Entitlement to premium supplementation. (a) An employer who employs less than eight employees entitled to coverage under this chapter and who provides coverage to such employees pursuant to section 393-7(a) shall be entitled to premium supplementation from the fund if t…

[§393-46] Income directly attributable to the business. (a) "Income directly attributable to the business" means gross profits from the business minus deductions for: (b) Deductions shall not include: (c) The director may promulgate rules and regulations necessary to define incom…

[§393-47] Claim of premium supplementation. An employer entitled to premium supplementation shall file a claim therefor in the manner provided by regulation of the director. The employer shall have the burden of proof of establishing the employer's entitlement. [L 1974, c 210, pt…

§393-48 Prepaid health care benefits to be paid from the premium supplementation fund; recovery of benefits. Prepaid health care benefits shall be paid from the premium supplementation fund to an employee who is entitled to receive prepaid health care benefits but cannot receive …

§393-5 Excluded services. "Employment" as defined in section 393-3 does not include:

§393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited. If an individual is concurrently a regular employee of two or more employers as defined in this chapter, the principal employer shall be the employer who pays the individual the most wages; …

§393-7 Required health care benefits. (a) A prepaid health care plan shall qualify as a plan providing the mandatory health care benefits required under this chapter if it provides for health care benefits equal to, or medically reasonably substitutable for, the benefits provided…

§394-1 Purpose. The purpose of this chapter is to establish manpower development and training programs in the State of Hawaii and to determine the extent to which the employment needs of individuals can be met by either job training or a public service job or a combination of bot…

[§394-10] On-the-job training work experience program; private sector. (a) The department of labor and industrial relations may enter into contracts with employers or registered apprenticeship program sponsors in the private sector to provide on-the-job training to eligible inter…

[§394-11] State internship and workforce development program. (a) There is established within the department of labor and industrial relations the state internship and workforce development program. The department of labor and industrial relations shall collaborate with the depar…

[§394-12] Work experience; private and public sector; annual report. The department of labor and industrial relations shall submit an annual report on state-funded internship programs for both the private and public sectors to the legislature no later than twenty days prior to th…

§394-2 Establishment of programs. (a) There is established within the department of labor and industrial relations manpower development and training programs for the various industries in the State. The training programs are to be developed to assist those unemployed and underemp…

§394-3 Contracts; public and private sectors. (a) The department of labor and industrial relations may enter into contracts for manpower development and training with the department of education, the University of Hawaii system, or other public agencies. (b) The department of lab…

§394-4 Compensation. The State shall pay to each person who is enrolled in a manpower development and training program a weekly compensation equal to the average weekly benefit amount provided under chapter 383. It may pay to each person who is employed on a public service employ…

§394-5 Administration. The department of labor and industrial relations is authorized, with the advice of the workforce development council, to plan and administer human resource development and training programs under this chapter. The department shall process the payment of wee…

[§394-6 Funds.] The State shall provide funds to cover such actual training costs as instructors' salaries, equipment and supplies. [L 1969, c 251, §6]

[§394-7 Type of training.] Training is to be undertaken for those occupations for which there is reasonable expectation of employment upon completion of training. [L 1969, c 251, §7]

§394-8 New industry training program. (a) There is hereby established the new industry training program, which shall be administered by the department of labor and industrial relations. Program moneys may be used to tailor training or retraining programs to meet the needs of qual…

§394-9 Eligibility requirements. (a) In order to be eligible for state-assisted training or retraining under section 394-8, businesses must: (b) The department may adopt rules to further clarify qualifying businesses and industries, eligible job positions for training, and eligib…

§394B-1 Findings and purpose. The legislature finds that there is a need for employment and training assistance for dislocated workers in Hawaii and that there is a need to protect employees from the effects of unexpected and sudden layoffs or terminations resulting from closings…

[§394B-10] Dislocated worker allowance. (a) Whenever a closing, partial closing, or relocation occurs, the employer shall provide each affected employee who applies for and is found eligible for unemployment compensation benefits for a particular week under chapter 383 and based …

[§394B-11] Prompt payment of wages and benefits. An employer in a covered establishment shall pay on the effective date of a closing, partial closing, or relocation to each employee all wages, benefits, and other forms of compensation due and owing to said employee. [L 1987, c 37…

§394B-12 Civil penalties. Except as provided in section 394B‑9(b), any employer who fails to conform to the provisions of this chapter shall be liable to each of the employees affected in an amount equal to the value of all their wages, benefits, and other compensation for the th…

[§394B-13] Employees remedies. (a) An action by an employee to enforce the provisions of this chapter may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of oneself or themselves, or the employee or employees may designate an ag…

§394B-2 Definitions. As used in this chapter: "Closing" means the permanent shutting down of all operations within a covered establishment due to the sale, transfer, merger, other business takeover or transaction of business interests, bankruptcy, or other close of business trans…

[§394B-3] Employment opportunities. The director shall identify job opportunities that exist within or outside the labor market area for which dislocated workers could be retrained and assisted in securing and whether assistance and training opportunities for such employment exis…

[§394B-4] Dislocated workers program. The director shall establish a program to assist dislocated workers to obtain employment through assistance, training, and related employment services which may include but not be limited to:

[§394B-5] Relocation assistance. The director may provide relocation assistance if:

[§394B-6] Training costs to employers. Added costs to employers shall be restricted to increased costs incurred by employers when they assume the responsibility for assisting or training dislocated workers. Such costs may include those incurred for assistance and training supervi…

[§394B-7] Labor organization consultation. Any activity under this chapter which provides service to a substantial number of members of a labor organization shall be conducted only after full consultation with the appropriate labor organization. [L 1983, c 195, pt of §1]

[§394B-8] Coordination with federal programs. The director shall develop plans for the implementation of this program which shall include appropriate provisions for the coordination of program activities with related state and federal programs and which shall document the require…

§394B-9 Notification; penalty. (a) An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence. (b) An employer that violates this…

[§396-1] Short title. This chapter shall be known as the "Hawaii Occupational Safety and Health Law". [L 1972, c 57, pt of §1]

§396-10 Violations and penalties. (a) Any employer who violates this chapter, or any occupational safety and health standard promulgated hereunder or any rule issued under the authority of this chapter, or who violates or fails to comply with any citation, notice, or order made u…

§396-11 Review. (a) Any citation, proposed penalty, or order of the director shall be final and conclusive against the employer unless the employer files with the director a written notice of contest of the citation, the abatement period stated in the citation, the proposed penal…

§396-11.5 Appeals board. (a) In any hearing conducted by the appeals board under this chapter and pursuant to chapter 91, notwithstanding section 91-9.5, all parties shall be given written notice of hearing by first class mail or by electronic service through a company designated…