Hawaii Revised Statutes 383. Hawaii Employment Security Law

PART I. DEFINITIONS

  • 383-1 Definitions, Generally.
    As used in this chapter, unless the context clearly requires otherwise: "Administration fund" means the special unemployment insurance administration fund established pursuant to section...
  • 383-2 Definition of Employment.
    (a) As used in this chapter, unless the context clearly requires otherwise, "employment", subject to sections 383-3 to 383-9, means service, including service in...
  • 383-3 Place of Performance.
    "Employment" includes an individual's entire service, performed within or both within and without this State if: (1) The service is localized in this State;...
  • 383-4 Election of Employing Unit.
    Services covered by an election pursuant to section 383-77 and services covered by an arrangement pursuant to sections 383-106 to 383-109 between the department...
  • 383-5 Service Localized Where.
    Service shall be deemed to be localized within a state, if: (1) The service is performed entirely within the state; or (2) The service...
  • 383-6 Master and Servant Relationship, Not Required When.
    Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective...
  • 383-7 Excluded Service.
    (a) "Employment" shall not include: (1) Agricultural labor as defined in section 383-9 if it is performed by an individual who is employed by...
  • 383-7.5 Part-Time Work; Benefits Available.
    Notwithstanding any law to the contrary under this chapter, an individual shall not be denied regular unemployment benefits relating to availability for work, active search...
  • 383-7.6 Separation for Compelling Family Reason.
    (a) An individual shall not be disqualified from regular unemployment benefits for separating from employment if that separation is for a compelling family reason. For...
  • 383-8 Included and Excluded Service.
    If the services performed during one-half or more of any pay period by an individual for the person employing the individual constitute employment, all...
  • 383-9 Agricultural Labor.
    "Agricultural labor" includes all service performed prior to January 1, 1972, which was agricultural labor as defined in this section prior to such date,...
  • 383-10 Definition of Wages.
    As used in this chapter, unless the context clearly requires otherwise, "wages", subject to section 383-11, means all remuneration for services from whatever source,...
  • 383-11 Excluded Payments.
    "Wages" does not include: (1) The amount of any payment (including any amount paid by an employing unit for insurance or annuities, or into...
  • 383-12 Requirement to Post Work Availability Online.
    To meet the online registration for work requirements under section 383-29(a), the department shall: (1) Allow an individual to post the required information independently...

PART II. BENEFITS

  • 383-21 Payment of Benefits.
    All benefits provided herein shall be payable from the fund. All benefits shall be paid through employment offices, in accordance with such regulations as...
  • 383-22 Weekly Benefit Amount; Computation, Minimum and Maximum.
    (a) In the case of an individual who has established a benefit year prior to January 2, 1966, the individual's weekly benefit amount shall...
  • 383-23 Weekly Benefit for Unemployment.
    For weeks beginning prior to January 5, 1992, each eligible individual who is unemployed, as defined in section 383-1, in any week shall be...
  • 383-23.5 Retirement Payments.
    (a) For any week with respect to which an individual is receiving a pension (which shall include a governmental or other pension, retirement or...
  • 383-24 Maximum Potential Benefits.
    The maximum potential benefits of an eligible individual in a benefit year shall be twenty-six times the eligible individual's weekly benefit amount. [L 1939,...
  • 383-25 to 383-28 Repealed.
    L 1969, c 3, §1.
  • 383-29 Eligibility for Benefits.
    (a) An unemployed individual shall be eligible to receive benefits with respect to any week only if the department finds that: (1) The individual has...
  • 383-29.5 Benefits During Training.
    (a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because that individual is in...
  • 383-29.6 Partial Unemployment; Eligibility.
    A new claim or an initial additional claim for partial unemployment benefits may be filed as the department prescribes for any week only if the...
  • 383-29.7 Partial Unemployment; Claim Filing Requirements, Determinations.
    (a) Claims for partial unemployment shall be filed according to section 383-32. For partially unemployed individuals, a new claim may be taken within twenty-eight...
  • 383-29.8 Partial Unemployment; Waivers.
    (a) The registration for work requirements under section 383-29(a) shall be waived for individuals who are partially unemployed, as defined in section 383-1. (b)...
  • 383-29.9 Partial Unemployment; Reporting Requirements.
    (a) An employer to whom a claimant for partial unemployment is still attached shall submit verification of earnings and satisfy all low earnings reporting requirements...
  • 383-30 Disqualification for Benefits.
    An individual shall be disqualified for benefits: (1) Voluntary separation. For any week prior to October 1, 1989, in which the individual has left...
  • 383-30.5 Good Cause for Separation From Part-Time Employment.
    (a) In applying the provisions of section 383-30(1), an individual who has established eligibility based on full-time employment may be found to have good cause...
  • 383-31 Posting of Information.
    Each employer shall post and maintain in places readily accessible to individuals in the employer's employ printed statements concerning benefit rights, claims for benefits,...
  • 383-32 Filing of Claim.
    Claims for benefits shall be made in accordance with such regulations as the department of labor and industrial relations may prescribe. [L 1939, c...
  • 383-33 Determinations, in General.
    (a) A determination upon a claim filed pursuant to section 383-32 shall be made promptly by a representative of the department of labor and...
  • 383-34 Reconsideration of Determination.
    (a) In the absence of appeal and within ten days after mailing or delivery of notice of the original determination made pursuant to section...
  • 383-35 Appeal Pending When Redetermination Issued.
    In the event that an appeal involving a determination or a prior redetermination is pending as of the date a redetermination thereof is issued,...
  • 383-36 Notice of Determinations.
    Notice of a determination or redetermination upon a claim shall be promptly given to the claimant, by delivery thereof or by mailing the notice...
  • 383-37 Appeal Tribunal.
    Appeals from determinations and redeterminations with respect to benefits shall be heard by an impartial referee for unemployment compensation appeals, who shall serve as...
  • 383-38 Appeals, Filing, and Hearing.
    (a) The claimant or any other party entitled to notice of a determination or redetermination as herein provided may file an appeal from the...
  • 383-39 Procedure.
    The representatives of the department of labor and industrial relations authorized to make determinations upon claims and the referee shall not be bound by...
  • 383-40 Conclusiveness of Determinations and Decisions.
    Except insofar as reconsideration of any determination or redetermination is had under sections 383-33 to 383-36, any right, fact, or matter in issue, directly...
  • 383-41 Judicial Review.
    The director of labor and industrial relations or any party to the proceedings before the referee may obtain judicial review of the decision of...
  • 383-42 Representation.
    The department of labor and industrial relations shall be a party and be entitled to notice in any proceeding involving a claim for benefits...
  • 383-43 Payment of Benefits.
    Benefits shall be paid promptly in accordance with a determination, redetermination, or decision on appeal. No injunction, supersedeas, or stay suspending the payment of...
  • 383-44 Recovery of Benefits Paid.
    (a) Any individual who has received any amount as benefits under this chapter to which the individual was not entitled shall be liable for...
  • 383-45 Governing Provisions.
    The procedure with respect to the filing of claims and with respect to determination and redeterminations thereupon and with respect to appeals from such...

PART III. CONTRIBUTIONS AND COVERAGE

PART IV. ADMINISTRATION

  • 383-91 Duties and Powers of Department, Director.
    (a) The department of labor and industrial relations, herein referred to as the "department" shall administer this chapter through the director of labor and...
  • 383-92 Rules and Regulations.
    The director of labor and industrial relations may adopt, amend, or repeal such rules and regulations as the director deems necessary or suitable for...
  • 383-92.5 Worker Profiling.
    The department shall establish and utilize a system of profiling all new claimants for regular compensation in compliance with section 4 of the Unemployment...
  • 383-93 Investigation of Unemployment Hazard.
    The department of labor and industrial relations shall investigate and report upon the degree of unemployment hazard in various industries and occupations and shall...
  • 383-94 Records and Reports.
    (a) Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the department of...
  • 383-95 Disclosure of Information.
    (a) Except as otherwise provided in this chapter, information obtained from any employing unit or individual pursuant to the administration of this chapter and...
  • 383-96 Service.
    Whenever it is provided herein that any service shall be made upon the department of labor and industrial relations, such service may be made...
  • 383-97 Change of Rates.
    Whenever the department of labor and industrial relations believes that a change in contribution or benefit rates will become necessary to protect the solvency...
  • 383-98 Referee.
    (a) In accordance with section 383-91(b), the director of labor and industrial relations shall appoint one or more referees. (b) Subject to sections 383-125...
  • 383-99 Oaths and Subpoenas.
    In the discharge of the duties, imposed by this chapter, the director of labor and industrial relations, any duly authorized representative of the director,...
  • 383-100 Protection Against Self-Incrimination.
    No person shall be excused from attending or testifying or producing material, books, papers, correspondence, memoranda, and other records before the director of labor...
  • 383-101 Relation to Chapter 371.
    The provisions of chapter 371 with respect to the adoption, amendment, repeal, and review of rules and regulations shall not apply with respect to...
  • 383-102 Preservation and Destruction of Records.
    (a) The department of labor and industrial relations may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports,...
  • 383-103 Representation in Civil and Criminal Actions.
    (a) In any civil action to enforce this chapter, the department of labor and industrial relations and the State may be represented by the...
  • 383-104 State Employment Service.
    The provisions of the Wagner-Peyser Act, as amended, are accepted by this State and the department of labor and industrial relations is designated and...
  • 383-105 Federal-State Cooperation.
    (a) In the administration of this chapter, the department of labor and industrial relations shall cooperate with the United States Department of Labor to...
  • 383-106 What Reciprocal Arrangements Authorized.
    (a) The department of labor and industrial relations may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of...
  • 383-107 Reimbursement Payments Deemed Benefits, When.
    Reimbursements paid from the fund pursuant to section 383-106(a)(3) shall be deemed to be benefits for the purpose of sections 383-21 to 383-24, 383-72,...
  • 383-108 Cooperation With States, Etc.
    (a) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation...
  • 383-109 Cooperation With Foreign Governments.
    To the extent permissible under the laws and Constitution of the United States, the department of labor and industrial relations may enter into or...

PART V. FUNDS

PART VI. PENALTIES

  • 383-141 Falsely Obtaining Benefits, Etc.
    Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase...
  • 383-142 Employing Units.
    Any employing unit or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing...
  • 383-143 General Penalty.
    Any person who wilfully violates this chapter or any order, rule, or regulation thereunder, the violation of which is made unlawful or the observance...
  • 383-144 Unlawful Disclosures.
    If any employee or member of the department of labor and industrial relations, or the referee, in violation of section 383-95, makes any disclosure...

PART VII. MISCELLANEOUS PROVISIONS

Note

L 2012, c 6, 5 provides:

"SECTION 5. (a) The director of labor and industrial relations may utilize section 103-6, Hawaii Revised Statutes, or may borrow moneys from the federal government pursuant to title XII of the Social Security Act, to cover the insolvency of the unemployment compensation fund.

(b) The director of labor and industrial relations shall use the loan proceeds only to pay unemployment benefits pursuant to chapter 383, Hawaii Revised Statutes, and may not use the loan proceeds to pay for any other expenses such as administrative expenses."

Skilled worker and business development center at each University of Hawaii community college. L Sp 2009, c 34.

Law Journals and Reviews

Relief for Manufacturers and Wholesalers: A Proposal to Exclude Commissions Paid to Part-Time Sales Representatives from Hawaii's Unemployment Tax. II HBJ, no. 13, at 35 (1998).

Case Notes

Department is under no duty to maximize amount of benefits that applicant is entitled to by alerting applicant to possible alternatives. 55 H. 250, 517 P.2d 773 (1973).

Conformity to coverage under federal unemployment law not required. 68 H. 410, 718 P.2d 267 (1986).

Last modified: October 27, 2016