CHAPTER 383
HAWAII EMPLOYMENT SECURITY LAW
Part I. Definitions
Section
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
Part II. Benefits
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383-25 to 28 Repealed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
Part III. Contributions and Coverage
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
Part IV. Administration
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
383-110 Personnel security program; criminal history record
checks
Part V. Funds
383-121 Unemployment compensation trust fund; establishment
and control
383-121.5 Renumbered
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
383-130 Unemployment insurance technology special fund
383-131 Unemployment insurance technology assessment
Part VI. Penalties
383-141 Falsely obtaining benefits, etc.
383-142 Employing units
383-143 General penalty
383-144 Unlawful disclosures
Part VII. Miscellaneous Provisions
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).