2010 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
383. Hawaii Employment Security Law
§383-61.5. §383-161 Waiver of rights void.

PART VII. MISCELLANEOUS PROVISIONS

Cross References

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 agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter shall be void, except agreements to withhold and deduct benefits for the following purposes:

(1) The payment of child support obligations as provided in section 383-163.5;

(2) The voluntary deduction and withholding of federal and state income tax from unemployment compensation as provided in section 383-163.6; and

(3) The repayment of uncollected overissuances of food stamp coupons as provided in section 383-163.7.

(b) Any agreement by an individual in the employ of a person or concern to pay all or any portion of an employer's contributions required under this chapter from the employer, shall be void. No employer, directly or indirectly, shall make, require, or accept any deduction from wages to finance the employer's contributions required from the employer, require or accept any waiver of any right hereunder by any individual in the employer's employ, discriminate in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claiming benefits under this chapter, or in any manner obstruct or impede the filing of claims for benefits. Any employer, officer, or agent of any employer who violates this section, for each offense, shall be fined not less than $100 nor more than $1,000, or imprisoned not more than six months, or both. [L 1939, c 219, §13(a); am L 1941, c 304, §1, pt of subs 35; RL 1945, §4285; RL 1955, §93-150; HRS §383-161; am L 1982, c 58, §8; gen ch 1985; am L 1997, c 172, §4]