§394B-2  Definitions.  As used in thischapter:

"Closing" means the permanentshutting down of all operations within a covered establishment due to the sale,transfer, merger, other business takeover or transaction of business interests,bankruptcy, or other close of business transaction that results in or mayresult in the layoff or termination of employees of a covered establishment bythe employer.

"Covered establishment" means anyindustrial, commercial, or other business entity that employs at any time inthe preceding twelve-month period, fifty or more persons.

"Department" means the department oflabor and industrial relations.

"Director" means the director oflabor and industrial relations.

"Dislocated worker" means anindividual who:

(1)  Has been terminated or laid off or who hasreceived a notice of termination or layoff from employment, is eligible for orhas exhausted entitlement to unemployment compensation, and is unlikely toreturn to the person's previous industry or occupation; or

(2)  Has been terminated or who has received a noticeof termination of employment, as a result of any permanent closure of abusiness, partial closings, and relocation as defined in this section; or

(3)  Is a long-term unemployed and has limitedopportunities for employment or reemployment in the same or a similaroccupation in the area in which the individual resides, including any olderindividual who may have substantial barriers to employment by reason of age.

"Divestiture" means the transfer ofany covered establishment from one employer to another because of the sale,transfer, merger, bankruptcy, or other business takeover or transaction ofbusiness interests that causes the covered establishment's employees to becomedislocated workers.

"Employee" means any individualengaged in service to an employer.

"Employer" means any individual orentity that, directly or indirectly, owns, operates, or has a controllinginterest in a covered establishment, excluding the State or any politicalsubdivision thereof.

"Partial closing" means the permanentshutting down of a portion of operations within a covered establishment due tothe sale, transfer, merger, and other business takeover or transaction ofbusiness interests and results in or may result in the termination of a portionof the employees of a covered establishment by the employer.

"Person" means one or moreindividuals, partnerships, associations, corporations, business trust, legalrepresentatives, or any organized group of persons.

"Relocation" means the removal of allor substantially all of the industrial, commercial, or business operations in acovered establishment to a location outside the State of Hawaii. [L 1983, c195, pt of §1; am L 1987, c 377, §2; am L 1993, c 6, §17; am L Sp 2007, c 5, §1]