2015 Hawaii Revised Statutes
TITLE 21. LABOR AND INDUSTRIAL RELATIONS
383. Hawaii Employment Security Law
PART I. DEFINITIONS- 383-1 Definitions, generally.
- 383-2 Definition of employment.
- 383-3 Place of performance.
- 383-4 Election of employing unit.
- 383-5 Service localized where.
- 383-6 Master and servant relationship, not required when.
- 383-7 Excluded service.
- 383-7.5 Part-time work; benefits available.
- 383-7.6 Separation for compelling family reason.
- 383-8 Included and excluded service.
- 383-9 Agricultural labor.
- 383-10 Definition of wages.
- 383-11 Excluded payments.
- 383-12 Requirement to post work availability online.
- 383-21 Payment of benefits.
- 383-22 Weekly benefit amount; computation, minimum and maximum.
- 383-23 Weekly benefit for unemployment.
- 383-23.5 Retirement payments.
- 383-24 Maximum potential benefits.
- 383-25 to 383-28 REPEALED.
- 383-29 Eligibility for benefits.
- 383-29.5 Benefits during training.
- 383-29.6 Partial unemployment; eligibility.
- 383-29.7 Partial unemployment; claim filing requirements, determinations.
- 383-29.8 Partial unemployment; waivers.
- 383-29.9 Partial unemployment; reporting requirements.
- 383-30 Disqualification for benefits.
- 383-30.5 Good cause for separation from part-time employment.
- 383-31 Posting of information.
- 383-32 Filing of claim.
- 383-33 Determinations, in general.
- 383-34 Reconsideration of determination.
- 383-35 Appeal pending when redetermination issued.
- 383-36 Notice of determinations.
- 383-37 Appeal tribunal.
- 383-38 Appeals, filing, and hearing.
- 383-39 Procedure.
- 383-40 Conclusiveness of determinations and decisions.
- 383-41 Judicial review.
- 383-42 Representation.
- 383-43 Payment of benefits.
- 383-44 Recovery of benefits paid.
- 383-45 Governing provisions.
- 383-61 Payment of contributions; wages not included.
- 383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.
- 383-62 Rate of contributions; financing benefits paid to government employees and employees of nonprofit organizations.
- 383-62.5 Treatment of Indian tribes.
- 383-63 Definitions for experience rating provisions.
- 383-64 Credits for contributions; destruction of employer accounts and records.
- 383-65 Charges and noncharges for benefits.
- 383-66 Contribution rates, how determined.
- 383-67 Reserve ratio.
- 383-68 Contribution rate schedules; fund solvency rate schedule; rates based on experience.
- 383-69 Procedure for rate determination.
- 383-70 Contributions; levy; returns; assessments.
- 383-71 Collection of delinquent contributions.
- 383-72 Priorities under legal dissolutions or distributions.
- 383-73 Penalty for delinquency; remission.
- 383-74 Appeal; correction of assessment or contributions.
- 383-75 Compromise.
- 383-76 Refunds and adjustments.
- 383-77 Employers' coverage, election.
- 383-78 REPEALED.
- 383-79 Combining services performed for predecessor and successor employing units.
- 383-80 Income tax refund offsets.
- 383-91 Duties and powers of department, director.
- 383-92 Rules and regulations.
- 383-92.5 Worker profiling.
- 383-93 Investigation of unemployment hazard.
- 383-94 Records and reports.
- 383-95 Disclosure of information.
- 383-96 Service.
- 383-97 Change of rates.
- 383-98 Referee.
- 383-99 Oaths and subpoenas.
- 383-100 Protection against self-incrimination.
- 383-101 Relation to chapter 371.
- 383-102 Preservation and destruction of records.
- 383-103 Representation in civil and criminal actions.
- 383-104 State employment service.
- 383-105 Federal-state cooperation.
- 383-106 What reciprocal arrangements authorized.
- 383-107 Reimbursement payments deemed benefits, when.
- 383-108 Cooperation with states, etc.
- 383-109 Cooperation with foreign governments.
- 383-121 Unemployment compensation trust fund; establishment and control.
- 383-121.5 Renumbered as §383-127.
- 383-122 Accounts and deposit.
- 383-123 Withdrawals; administrative use.
- 383-124 Relation to unemployment trust fund.
- 383-125 Financing employment security administration.
- 383-126 Reimbursement of fund.
- 383-126.5 Evaluation of fund balance adequacy.
- 383-127 Special unemployment insurance administration fund.
- 383-128 Employment and training fund established.
- 383-129 Employment and training assessment.
- 383-141 Falsely obtaining benefits, etc.
- 383-142 Employing units.
- 383-143 General penalty.
- 383-144 Unlawful disclosures.
- 383-161 Waiver of rights void.
- 383-162 Limitation of fees.
- 383-163 No assignment of benefits; waiver.
- 383-163.5 Child support intercept of unemployment benefits.
- 383-163.6 Voluntary deduction and withholding of federal and state income taxes.
- 383-163.7 Deduction and withholding of uncollected food stamp overissuances.
- 383-164 Nonliability of State.
- 383-165 Saving clause, amendment, or repeal.
- 383-166 Conformity with federal law.
- 383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of.
- 383-168 Definitions.
- 383-169 Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.
- 383-170 Eligibility requirements for extended benefits.
- 383-170.5 Ineligibility for extended benefits when paid under an interstate claim in a state where extended benefit period is not in effect.
- 383-171 Weekly extended benefit amount.
- 383-172 Total extended benefit amount.
- 383-173 Beginning and termination of extended benefit period.
- 383-174 Computations.
- 383-176 Limitation of extended benefits by trade readjustment allowance.
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).
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