PART I.  DEFINITIONS



 



§383-1 
Definitions, generally.  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 benefit year.



"American
vessel" means any vessel documented or numbered under the laws of the
United States; and includes any vessel which is neither documented or numbered
under the laws of the United States nor documented under the laws of any
foreign country, if its crew is employed solely by one or more citizens or
residents of the United States or corporations organized under the laws of the
United States or of any state.



"Attached to a
regular employer" [Definition repealed July 1, 2012.  L 2009, c 170, §7.]
means:



(1)  The employee is being
offered work each week by the employee's regular employer; or



(2)  If no work is being
offered:



(A)  The employer is
maintaining the individual on the payroll by paying for a medical insurance
plan or by maintaining the employee's sick leave or vacation credits; or



(B)  There is a
definite return to work date with the same employer within eight weeks.



"Base
period," with respect to benefit years beginning after June 30, 1951,
means the four completed calendar quarters immediately preceding the first day
of an individual's benefit year.  With respect to benefit years beginning on
and after October 1, 1989, the base period means the first four of the
last five completed calendar quarters preceding the first day of an
individual's benefit year.



"Benefits"
means the money payments payable to an individual, as provided in this chapter,
with respect to the individual's unemployment.



"Benefit
year" with respect to any individual means the one-year period beginning
with the first day of the first week with respect to which the individual first
files a valid claim for benefits and thereafter the one-year period beginning
with the first day of the first week with respect to which the individual next
files a valid claim for benefits after the termination of the individual's last
preceding benefit year.  Any claim for benefits made in accordance with section
383-32 shall be deemed a "valid claim" for the purpose of this
paragraph if the individual has satisfied the conditions required under section
383-29(a)(5).  Nothing in sections 383-29 and 383-30, except section
383-29(a)(5), shall affect the filing of a "valid claim" or the
establishment of a "benefit year".  For the purposes of this
paragraph a week with respect to which an individual files a valid claim shall
be deemed to be "in", "within", or "during" that
benefit year which includes the greater part of such week.



"Calendar
quarter" means the period of three consecutive calendar months ending on
March 31, June 30, September 30, or December 31, or the
equivalent thereof, as the department may by rule prescribe.



"Contributions"
means the money payments required by this chapter to be made into the state
unemployment compensation fund by any employing unit on account of having
individuals in its employ.



"Department"
means the department of labor and industrial relations.



"Director"
means the director of labor and industrial relations of the State.



"Employer"
means:



(1)  Any employing unit
which for some portion of a day within the current calendar year has or had in
employment one or more individuals; and



(2)  For the effective
period of its election pursuant to section 383-77, any other employing unit
which has elected to become subject to this chapter.



"Employing
unit" means any individual or type of organization, including the State,
any of its political subdivisions, any instrumentality of the State or its
political subdivisions, any partnership, association, trust, estate,
joint-stock company, insurance company, or corporation, whether domestic or
foreign, or the receiver, trustee in bankruptcy, trustee, or successor of any
of the foregoing, or the legal representative of a deceased person, which has
or subsequent to January 1, 1937, had one or more individuals performing
services for it within this State.



(1)  All individuals
performing services within this State for any employing unit which maintains
two or more separate establishments within this State shall be deemed to be
performing services for a single employing unit for all the purposes of this
chapter.



(2)  Each individual
employed to perform or to assist in performing the work of any person in the
service of an employing unit shall be deemed to be engaged by the employing
unit for all the purposes of this chapter, whether the individual was hired or
paid directly by the employing unit or by such person, provided the employing
unit had actual or constructive knowledge of the work.



"Employment
office" means a free public employment office or branch thereof operated
by the State or any other state as a part of a state-controlled system of
public employment offices or by a federal agency charged with the
administration of an unemployment compensation program or free public
employment offices.



"Federal
Unemployment Tax Act" means chapter 23 of subtitle C of the Internal
Revenue Code of 1954.



"Full-time
hours" or "full-time work" [Definition repealed July 1, 2012.
 L 2009, c 170, §7.] means a forty-hour work week unless regarded
otherwise according to the standard practice, custom, or agreement in a
particular trade, occupation, or business.



"Fund"
means the unemployment compensation fund established by this chapter.



"Insured
work" means employment for employers.



"Owner-employee"
means a person who has performed services for an employing unit as defined in
this section, and who is or has been a shareholder owning twenty-five per cent
or more of the corporation's common stock, and director or officer, or both, of
a corporation which is or was the employing unit or who exercises a substantial
degree of control over the direction of corporate activities.



"Partial
unemployment" or "partially unemployed" [Definition repealed
July 1, 2012.  L 2009, c 170, §7.] means the unemployment of any
individual who, during a particular week, was still attached to that
individual's regular employer, had no earnings or earned less than that
individual's weekly benefit amount, and who worked less than or did not work
that individual's normal, customary full-time hours for the individual's
regular employer because of a lack of full-time work.



"Recipient of
social service payments" includes:



(1)  A person who is an eligible
recipient of social services such as attendant care and day care services; and



(2)  A corporation or
private agency that contracts directly with the department of human services to
provide attendant care and day care authorized under the Social Security Act,
as amended.



"Referee"
means the referee for unemployment compensation appeals.



"Registered for
work" or "registration for work" [Definition repealed July 1,
2012. L 2009, c 170, §7.] means that an individual shall provide
information to the employment office to be posted on the department's internet
job-matching system, including but not limited to the individual's name, job
skills, education, training, prior employment history and work duties,
preferred working conditions, occupational licenses, and other relevant
occupational information to facilitate work search efforts by the individual
and increase job referrals by the employment office.  The information shall be
posted with the department's assistance or independently by the individual.  The
employment office shall provide the necessary information to the unemployment
office for purposes of determining that the individual's registration for work
requirements has been met.



"State"
includes the states of the United States, the District of Columbia, Puerto
Rico, and Virgin Islands.



"Unemployment". 
An individual shall be deemed "unemployed" in any week during which
the individual performs no services and with respect to which no wages are
payable to the individual, or in any week of less than full-time work if the
wages payable to the individual with respect to such week are less than the
individual's weekly benefit amount.  The department shall prescribe rules
applicable to unemployed individuals making such distinctions in the procedures
as to total unemployment, part-total unemployment, partial unemployment, of
individuals attached to their regular jobs, and other forms of short-time work,
as the department deems necessary.  "Week of unemployment" means a
week in which an individual is deemed unemployed.



"Week"
means any period of seven consecutive days as the department may by rule
prescribe.



"Weeks of
employment" means all those weeks within each of which the individual has
performed services in employment for not less than two days or four hours per
week for one or more employers subject to this chapter or with respect to which
the individual has received remuneration from one or more employers subject to
this chapter in the form of vacation, holiday, or sickness pay or similar
remuneration. [L 1939, c 219, pt of §1; am L 1941, c 304, §1, subs 1-7, 9-11,
13, 14; am L 1943, c 160, §1, subs 1, 2; RL 1945, §4202; am L 1947, c 75,
§1(1); am L 1951, c 195, §1(1); am L 1953, c 41, §1(1); RL 1955, §93-1; am L
1957, c 115, §1(a) and c 205, §1(a); am L 1959, c 222, §1; am L Sp 1959 2d, c
1, §27; am L 1963, c 174, §3; am L 1964, c 61, §2; HRS §383-1; am L 1969, c 6,
§1; am L 1974, c 40, §1; am L 1976, c 157, §1; gen ch 1985; am L 1986, c 32, §1
and c 162, §1; am L 1987, c 119, §2; am L 2003, c 219, §1; am L 2007, c 259, §2;
am L 2009, c 170, §3]



 



Case Notes



 



  Probationary teachers receiving
wages but not performing services during summer are not unemployed.  56 H. 590,
546 P.2d 1.



  President of family corporation,
who during three-week period spent three hours preparing bids, was
"unemployed".  66 H. 425, 664 P.2d 734.



  Severance payments are not wages
or remuneration similar to vacation, sickness or holiday pay.  Right of recall
does not cause employment relationship to continue.  67 H. 588, 699 P.2d 17.



  Temporary disability benefits
constitute "sickness pay or similar remuneration"; claimants
receiving those benefits are not "unemployed".  6 H. App. 195, 715
P.2d 1278.



  Cited:  35 H. 855, 870; 46 H. 140,
145, 377 P.2d 715; 46 H. 164, 166, 377 P.2d 932.