§394B-2  Definitions.  As used in this
chapter:



"Closing" means the permanent
shutting 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 may
result in the layoff or termination of employees of a covered establishment by
the employer.



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



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



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



"Dislocated worker" means an
individual who:



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



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



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



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



"Employee" means any individual
engaged in service to an employer.



"Employer" means any individual or
entity that, directly or indirectly, owns, operates, or has a controlling
interest in a covered establishment, excluding the State or any political
subdivision thereof.



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



"Person" means one or more
individuals, partnerships, associations, corporations, business trust, legal
representatives, or any organized group of persons.



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