Hawaii · statute · Haw. Rev. Stat. ch. 383 · 118 active provisions
As used in this chapter, unless the context clearly requires otherwise: "Administration fund" means the special unemployment insurance administration fund established pursuant to section 383-127. "Alternative base period" means the four completed calendar quarters immediately preceding the first day of an individual's…
(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 interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. (b) "Employment" includes, but is not limited to,…
"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; or (2) The service is not localized in any state but some of the service is performed in this State and[:] (A) The individual's base of operation, or, if there is…
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 of labor and industrial relations and the agency charged with the administration of any other state or federal unemployment compensation law, pursuant to which…
Service shall be deemed to be localized within a state, if: (1) The service is performed entirely within the state; or (2) The service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state, for example, is temporary or tran…
Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective of whether the common law relationship of master and servant exists unless and until it is shown to the satisfaction of the department of labor and industrial relations that:…
(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 an employing unit: (A) That, during each calendar quarter in both the current and the preceding calendar years, paid less than $20,000 in cash remuneration to individuals employe…
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 for work, or refusal to accept work, solely because the individual is seeking only part-time work; provided that this section shall not apply if a…
(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 purposes of this section, the term "compelling family reason" means any of the following: (1) Domestic or sexual violence that is verified by reasonable…
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 the services of the individual for the period shall be deemed to be employment; but if the services performed during more than one-half of any pay period by an individu…
"Agricultural labor" includes all service performed prior to January 1, 1972, which was agricultural labor as defined in this section prior to such date, and remunerated service performed after December 31, 1971: (1) On a farm, in the employ of any person in connection with cultivating the soil, or in connection with r…
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, including commissions and bonuses, tips or gratuities paid directly to an individual by a customer of the employer and reported to the employer, and the c…
"Wages" does not include: (1) The amount of any payment (including any amount paid by an employing unit for insurance or annuities, or into a fund, to provide, for any such payment) to, or on behalf of, an individual or any of the individual's dependents under a plan or system established by an employing unit which mak…
All benefits provided herein shall be payable from the fund. All benefits shall be paid through employment offices, in accordance with such regulations as the department of labor and industrial relations may prescribe.
(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 be the amount appearing in column B in the table in this section on the line on which, in column A of the table, there appears the total wages paid to the individual for insured wor…
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 paid with respect to that week a benefit in an amount equal to the individual's weekly benefit amount less that part of the wages (if any) payable to the individual with respect to…
(a) For any week with respect to which an individual is receiving a pension (which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment) under a plan maintained or contributed to by a base period or chargeable employer (as determined under applicable l…
The maximum potential benefits of an eligible individual in a benefit year shall be twenty-six times the eligible individual's weekly benefit amount.
(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 made a claim for benefits with respect to that week in accordance with rules the department may prescribe and with section 383-29.7 for partially unemployed individuals;…
(a) Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because that individual is in training approved under section 236(a)(1) of the Trade Act of 1974, because an individual left work to enter the training (provided the work left is not suitable…
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 individual: (1) Is a full-time worker; (2) Is attached to a regular employer, as defined in section 383-1; (3) Worked less than or did not work the individual's normal, customa…
(a) Claims for partial unemployment shall be filed according to section 383-32. (b) Continued claim certifications for partial unemployment benefits shall be filed in the same manner and extent that apply to total or part-total unemployment benefits.
(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) An individual shall be exempted from the work search requirements as determined by rules of the department, or be subject to modified work search 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 in subsection (b) and rules of the department for each week that the claimant certifies for partial unemployment benefits. (b) Low earnings reports shal…
An individual shall be disqualified for benefits: (1) Voluntary separation. For any week prior to October 1, 1989, in which the individual has left work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been employed for at least…