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
- 383-61 Payment of Contributions; Wages Not Included.
(a) Contributions with respect to wages for employment shall accrue and become payable by each employer for each calendar year in which the employer...
- 383-61.5 Special Assessments on Employers to Pay Interest on Loans From Secretary of Labor.
Whenever the State requests a loan from the Secretary of Labor in accordance with title XII of the Social Security Act to pay expected...
- 383-62 Rate of Contributions; Financing Benefits Paid to Government Employees and Employees of Nonprofit Organizations.
(a) Except as otherwise provided in this section, each employer shall pay contributions determined in accordance with sections 383-66 and 383-68. Notwithstanding any other...
- 383-62.5 Treatment of Indian Tribes.
(a) Benefits based on service in employment as defined in this section shall be payable in the same amount, on the same terms, and...
- 383-63 Definitions for Experience Rating Provisions.
As used in sections 383-63 to 383-69: "Adequate reserve fund" means an amount that is equal to the amount derived by multiplying the benefit...
- 383-64 Credits for Contributions; Destruction of Employer Accounts and Records.
(a) The director shall maintain a separate account for each employer and shall credit the employer's account with all the contributions paid by the...
- 383-65 Charges and Noncharges for Benefits.
(a) Except as otherwise provided in subsection (b), benefits paid to an individual shall be charged against the accounts of the individual's base period...
- 383-66 Contribution Rates, How Determined.
(a) The department, for the nine-month period April 1, 1941, to December 31, 1941, and for each calendar year thereafter, except as otherwise provided...
- 383-67 Reserve Ratio.
For the calendar year 1970 and for each calendar year thereafter, an employer's reserve ratio shall be determined by dividing the employer's most recent...
- 383-68 Contribution Rate Schedules; Fund Solvency Rate Schedule; Rates Based on Experience.
(a) Before December 31 of each year the fund solvency contribution rate applicable for the following calendar year shall be determined on the basis...
- 383-69 Procedure for Rate Determination.
The department of labor and industrial relations, as soon as is reasonably possible in each period, shall make its classification of employers for the...
- 383-70 Contributions; Levy; Returns; Assessments.
(a) Contributions are hereby levied against employers as provided in this chapter. Except as may be provided to the contrary in accordance with such...
- 383-71 Collection of Delinquent Contributions.
(a) Civil action. If any employer is in default in the payment of any contributions required to be paid by the employer pursuant to...
- 383-72 Priorities Under Legal Dissolutions or Distributions.
In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this State, including...
- 383-73 Penalty for Delinquency; Remission.
A penalty of ten per cent or $10, whichever is greater, shall be added to the amount of all delinquent contributions, as hereafter defined,...
- 383-74 Appeal; Correction of Assessment or Contributions.
Any person aggrieved by any assessment of a contribution or a penalty or contributions assessed pursuant to this chapter, having paid the contribution or...
- 383-75 Compromise.
In case there is at any time any dispute with respect to the liability, for any period or periods, of any employing unit or...
- 383-76 Refunds and Adjustments.
(a) If not later than four years after the date of payment of any amount as a contribution or contributions or interest thereon or...
- 383-77 Employers' Coverage, Election.
Any employing unit, for which services that do not constitute employment as defined in this chapter are performed, may file with the department of...
- 383-78 Repealed.
L 1982, c 20, §3.
- 383-79 Combining Services Performed for Predecessor and Successor Employing Units.
If any employing unit succeeds to or acquires the organization or business of another, the number of employees performing a service and the number...
- 383-80 Income Tax Refund Offsets.
Effective April 1, 2013, any employer in default of contributions, advance payments, or reimbursement may be subject to offset of federal tax refund payments...
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
- 383-121 Unemployment Compensation Trust Fund; Establishment and Control.
There is established in the treasury of the State as a trust fund, separate and apart from all public moneys or funds of the...
- 383-121.5 Renumbered As §383-127.
- 383-122 Accounts and Deposit.
The director of finance shall maintain within the fund three separate accounts: (1) A clearing account; (2) An unemployment trust fund account; (3) A...
- 383-123 Withdrawals; Administrative Use.
(a) Withdrawals. Moneys requisitioned from the State's account in the unemployment trust fund shall be used exclusively for the payment of benefits, refunds of...
- 383-124 Relation to Unemployment Trust Fund.
Sections 383-121 to 383-123 to the extent that they relate to the unemployment trust fund, shall be operative only so long as the unemployment...
- 383-125 Financing Employment Security Administration.
All moneys received from the federal government or other sources that are required by federal law or regulations to be for the purposes of...
- 383-126 Reimbursement of Fund.
If any moneys received after June 30, 1941, from the Secretary of Labor under title III of the Social Security Act, or any unencumbered...
- 383-126.5 Evaluation of Fund Balance Adequacy.
The director shall conduct an annual evaluation of the adequacy of the fund balance, taking into account conditions in the State and national economic...
- 383-127 Special Unemployment Insurance Administration Fund.
(a) There is created in the state treasury a special fund to be known as the special unemployment insurance administration fund. All interest, fines,...
- 383-128 Employment and Training Fund Established.
(a) Effective January 1, 1992, there is established in the state treasury, apart from all other funds in this State, a special fund to...
- 383-129 Employment and Training Assessment.
(a) In addition to contributions determined by section 383-68, every employer, except an employer who has selected an alternative method of financing liability for...
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
- 383-161 Waiver of Rights Void.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-161 Waiver of rights void. (a) Any...
- 383-162 Limitation of Fees.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-162 Limitation of fees. No individual shall...
- 383-163 No Assignment of Benefits; Waiver.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-163 No assignment of benefits; waiver. No...
- 383-163.5 Child Support Intercept of Unemployment Benefits.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-163.5 Child support intercept of unemployment benefits....
- 383-163.6 Voluntary Deduction and Withholding of Federal and State Income Taxes.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. [§383-163.6] Voluntary deduction and withholding of federal...
- 383-163.7 Deduction and Withholding of Uncollected Food Stamp Overissuances.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. [§383-163.7] Deduction and withholding of uncollected food...
- 383-164 Nonliability of State.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-164 Nonliability of State. Benefits shall be...
- 383-165 Saving Clause, Amendment, or Repeal.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-165 Saving clause, amendment, or repeal. The...
- 383-166 Conformity With Federal Law.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-166 Conformity with federal law. The legislature...
- 383-167 Amendment or Repeal of Federal Law, Effect Of; Nonconformity, Effect Of.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-167 Amendment or repeal of federal law,...
- 383-168 Definitions.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-168 Definitions. As used in this part,...
- 383-169 Effect of State Law Provisions Relating to Regular Benefits on Claims For, and the Payment Of, Extended Benefits.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-169 Effect of state law provisions relating...
- 383-170 Eligibility Requirements for Extended Benefits.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-170 Eligibility requirements for extended benefits. (a)...
- 383-170.5 Ineligibility for Extended Benefits When Paid Under an Interstate Claim in a State Where Extended Benefit Period is Not in Effect.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. [§383-170.5] Ineligibility for extended benefits when paid...
- 383-171 Weekly Extended Benefit Amount.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-171 Weekly extended benefit amount. The weekly...
- 383-172 Total Extended Benefit Amount.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-172 Total extended benefit amount. The total...
- 383-173 Beginning and Termination of Extended Benefit Period.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-173 Beginning and termination of extended benefit...
- 383-174 Computations.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. §383-174 Computations. Computations required by section 383-168(4)...
- 383-176 Limitation of Extended Benefits by Trade Readjustment Allowance.
Special assessments on employers to pay principal and interest on loans from Secretary of Labor, see §383-61.5. [§383-176] Limitation of extended benefits by trade...
Last modified: October 27, 2016