Title 21, Labor And Industrial Relations

PART I. GENERAL PROVISIONS §371-1 Definitions. When used in this chapter: "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 industrial relations.…

§371-10 Mediation of labor disputes. The governor or the governor's designated agent shall promote the voluntary mediation of disputes between employers and employees, and avoid the necessity of resorting to lockouts, boycotts, blacklists, strikes, discriminations, and legal proc…

§371-11 Research and statistics; employers to keep certain records. The department of labor and industrial relations: The department shall adopt all necessary rules and regulations to carry out the purposes of this section. [L 1939, c 237, §1(14); RL 1945, §4117; RL 1955, §88-18;…

§371-12 Labor law enforcement; injunction. The department of labor and industrial relations shall:

§371-12.5 Labor law enforcement special fund; establishment; purposes. (a) There is established in the state treasury the labor law enforcement special fund into which shall be deposited: (b) The purpose of the special fund is to provide for sufficient operating costs to collect …

§371-13 Cooperation with federal agencies. The department of labor and industrial relations may assist and cooperate with the wage and hour division, United States Department of Labor, in the enforcement within this State of the Fair Labor Standards Act of 1938, and, subject to r…

[§371-15] Manpower planning administrator. The position of manpower planning administrator which shall be exempt from chapter 76 is established within the department of labor and industrial relations. The manpower planning administrator shall be appointed by the director with the…

[§371-16] Employers and entities offering long-term care insurance policies. (a) No later than July 1, 2000, every employer, labor organization, retiree organization, or other entity specified under the definition of "group long-term care insurance" under section 431:10H-104, may…

§371-17 Millennium workforce development training program. (a) There is established a millennium workforce development training program, hereinafter referred to as the program, that shall be placed with the department of business, economic development, and tourism for administrat…

[§371-18] Staffing for federally funded programs. Positions established by the department to implement federally funded employment or training programs, or both, including but not limited to those established under the Comprehensive Employment and Training Act, Job Training Partn…

[§371-18.5] Workforce advisory boards; established. (a) In addition to any workforce advisory board established pursuant to this chapter, the director may establish workforce advisory boards to be placed in the department for administrative purposes only. Section 26-34 shall not …

§371-19 Hawaii agriculture workforce advisory board; established. (a) There is created within the department, for administrative purposes only, the Hawaii agriculture workforce advisory board, which shall include the following members or their designees: Section 26-34 shall not a…

[§371-19.2] Hawaii healthcare workforce advisory board; established. (a) There is established within the department, for administrative purposes, the Hawaii healthcare workforce advisory board, which shall include the following members or their designees: (b) Section 26-34 shall …

§371-2 Definition: references to "this chapter". Whenever in this chapter reference is made to "this chapter", the term, unless the context clearly indicates otherwise, includes also any other chapter or section of the Revised Statutes amended by Act 237 of the Session Laws of Ha…

§371-20 National Human Trafficking Resource Center hotline; posting requirement; penalty. (a) Every employer specified in subsection (b) shall post and keep posted in a place readily accessible to individuals in the employer's employ a poster no smaller than eight and one-half in…

[§371-21] K-12 agriculture workforce development pipeline initiative. (a) There shall be created in the department a k-12 agriculture workforce development pipeline initiative to conduct training sessions for teachers and school administrators on the islands of Oahu, Hawaii, Maui…

§371-3 Legal assistance. The attorney general shall be the legal advisor to the department of labor and industrial relations, and all legal duties involved in the work of the department shall be performed by the department of the attorney general. [L 1953, c 105, §3; RL 1955, §88…

§371-4 Labor and industrial relations appeals board. (a) There is created a labor and industrial relations appeals board composed of three members nominated and, by and with the advice and consent of the senate, appointed by the governor for terms of ten years each, except that t…

§371-6 Powers respecting oaths, subpoenas, etc.; witness fees, expenses, immunities. In all hearings or investigations conducted by the director of labor and industrial relations, or any of the director's duly authorized subordinates, including a hearings officer appointed by the…

§371-7 Duties and powers of the department; rules, procedure for varying. In addition to any other duties and powers as may be conferred upon the department of labor and industrial relations by law, the department shall: The rules of the department and any amendments thereto, whe…

§371-8 Duties and powers of director; enforcement of rules. In addition to any other duties and powers as may be conferred upon the director by law, the director of labor and industrial relations shall: The director may make, amend, and repeal rules necessary for the internal adm…

§371-9 Penalties. (a) Any employer, employee, or other person who wilfully violates any lawful rule of the department for which no penalty is otherwise provided shall be fined no more than $500, or imprisoned no more than six months, or both, for each offense. (b) Any person who,…

[§371K-1] Findings and purpose. The State of Hawaii has long been a leader among the states in the development of progressive and innovative undertakings in behalf of its needy people. Securing the well-being of all of the State's needy citizens continues to be a policy concern d…

[§371K-2] Office of community services, establishment. (a) There is established within the department of labor and industrial relations, for administrative purposes only, an office of community services. The following shall be among the programs to be under the auspices of and co…

§371K-3 General functions, duties, and powers of the executive director. The executive director shall:

§371K-4 General duties of the office of community services. The office of community services shall:

[§371K-7] Relationships with other departments and agencies and cooperation with office of community services. Every state department, county agency, or other public or private agencies providing programs and services to the disadvantaged, refugees, and immigrants shall be encour…

[§371K-8] Immigration services and access unit. The office of community services shall establish within the office an immigration services and access unit to provide for immigration services and access through program activities as described in this section. The purpose of the im…

§372-1 Application of chapter. This chapter shall apply to a person, employer, association, committee, or organization only after such person, employer, association, committee, or organization has voluntarily elected to conform with its provisions. [L Sp 1941, c 23, §6; RL 1945, …

§372-2 Definitions. As used in this chapter: "Apprentice" means a worker at least sixteen years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation in accordance with the standards of apprenticeship e…

§372-3 Standards of apprenticeship. Standards of apprenticeship that conform to the federal regulations shall be established by the director. Apprenticeship program sponsors that meet the standards of apprenticeship may seek approval and registration by the director. [L Sp 1941, …

§372-4 State apprenticeship council. The director shall establish within the department the state apprenticeship council which shall serve in an advisory capacity to the director on matters within the jurisdiction of the department relating to apprenticeship programs. The members…

§372-5 Powers and duties of director. The director shall:

§372-6 Related instruction. Related instruction for apprentices and training of teachers and coordinators for the instruction shall be the responsibility of the community colleges of the University of Hawaii system. [L Sp 1941, c 23, §2; RL 1945, §4143; am L 1955, c 31, §1(a); RL…

§372-7 Apprenticeship committee. Subject to the review of the director and in accordance with the standards established by this chapter and rules adopted by the director, apprenticeship committees shall give assistance to the operation and further development of apprenticeship in…

§372-8 State-federal cooperation. The department may promote the administration of this chapter by accepting and utilizing information, services, and facilities made available to it by the federal Advisory Committee on Apprenticeship; and the department shall cooperate with the f…

§373-1 Definitions. As used in this chapter, unless the context otherwise requires: "Actual earnings from employment" means the total compensation, including reported amount of tips for labor or services rendered by an employee, whether the amount is determined on a time, task, p…

§373-10 Fees. (a) Each employment agency shall file with its application, an initial schedule of placement fees to be charged to applicants. Any change to the schedule of placement fees shall be filed with the director within thirty days of the change, unless the time is extended…

§373-11 Prohibition. No employment agency licensed under this chapter and no agent or employee of an employment agency shall do, make, or cause to be made or done any of the following acts herein prohibited and every employment agency, its agents, and employees shall do and perfo…

§373-12 Restitution of illegal fees. Whenever in the course of an investigation made pursuant to this chapter, it is determined that there has been an illegal collection of fees, the employment agency shall refund the fee illegally collected upon the order of the director or the …

§373-13 Director's rights. The director and the director's authorized representatives may enter any office, building, premises, or other place in which an employment agency is operated for the purpose of making investigations for the proper enforcement of this chapter and such ru…

§373-13.5 Requirements to maintain license. (a) Every employment agency that collects fees from applicants shall have and maintain in full force and effect a bond as required under section 373-4. Failure, refusal, or neglect to maintain a bond in full force and effect shall cause…

§373-14 Revocation, suspension, and fines. In addition to any other actions authorized by law, after affording all interested parties reasonable opportunity for a fair hearing, the director may revoke or suspend any license, or impose a fine not to exceed $1,000 per violation, fo…

§373-14.3 Hearings. In all proceedings, the director or hearings officer duly appointed by the director shall have the same powers respecting administering oaths, compelling the attendance of witnesses, producing documentary evidence, and examining witnesses as are possessed by c…

§373-19 Powers and duties. In addition to any other powers and duties authorized by law, the director may adopt, amend, or repeal such rules as the director may deem proper to fully effectuate this chapter and may delegate to the executive officer or other designee any powers or …

§373-2 License required. No employment agency shall engage in business without a license obtained under this chapter and the rules of the director. [L 1959, c 264, pt of §3; am L Sp 1959 2d, c 1, §27; Supp, §88A-2; HRS §373-2; am L 1980, c 302, pt of §2; am L 1985, c 135, §2]

§373-20 Penalties. Any employment agency which violates this chapter is punishable upon conviction by a fine of not more than $1,000, or imprisonment for not more than six months, or both. [L 1959, c 264, pt of §3; Supp, §88A-20; HRS §373-20]

[§373-21] Exemption of vocational rehabilitation services. Providers of vocational rehabilitation services for injured workers covered by approved worker compensation plans under section 386-25 shall not be considered employment agencies under this section; provided that the prov…

§373-3 Fees; biennial renewal; restoration. (a) No applicant shall be examined under this chapter until the appropriate fees have been paid. (b) Every person holding a license under this chapter shall register with the director and pay a biennial renewal fee on or before June 30 …

§373-4 Bond. Every employment agency that collects fees from applicants shall give and keep in force a bond with the director in the penal sum of $5,000 with good and sufficient surety or sureties approved by the director, conditioned that: