§379-3  Advertising.  If any personadvertises for, or seeks employees by means of newspapers, posters, letters,radio, television, or by means of any employment agency to work for him or theperson for whom he is acting at any shop, plant, or establishment, while alabor dispute is still in active progress at the shop, plant, or establishment,he shall plainly and explicitly mention in the advertisement or solicitationthat a labor dispute exists.

The person soliciting or advertising foremployees in the manner set forth herein shall use in the advertisement orsolicitation his own name, and, if he is representing another, the name of theperson he is representing and at whose direction and under whose authority thesolicitation or advertisement is made.  The appearance of this name inconnection with the advertisement or solicitation shall be deemed prima facieevidence as to the person responsible for the advertisement or solicitation. [L1967, c 18, pt of §2; HRS §379-3]

 

Case Notes

 

  Section not preempted by federal law; among other things,requiring truthful advertising does not affect employer's ability to findreplacements.  82 F. Supp. 2d 1151, amended, 103 F. Supp. 2d 1233.