HRS §387-1 Definitions
387-1. Definitions
As used in this chapter:
"Agriculture" means agriculture as
defined in section 3(f) of the Federal Fair Labor Standards Act of 1938, or as
the same may be amended from time to time.
"Casual basis" means employment that
is:
(1) Irregular or intermittent; and
(2) Performed for a family or household who directly
employs the individual providing the services.
Employment is not on a casual basis, whether
performed for one or more family or household employers, if the employment for
all employers exceeds twenty hours per week in the aggregate. For babysitting
or companionship services for the aged or infirm, employment is not on a casual
basis if the service is performed by an individual whose vocation is the
provision of babysitting or companionship services.
"Companionship services for the aged or
infirm" means those services that provide fellowship, care, and protection
for an individual who, because of advanced age or physical or mental infirmity,
cannot care for the individual's own needs. "Companionship services for
the aged or infirm" does not include services relating to the care and
protection of the aged or infirm that require and are performed by trained
personnel, such as a registered or practical nurse.
"Department" means the department of
labor and industrial relations.
"Director" means the director of
labor and industrial relations.
"Domestic service" means services of
a household nature performed by an employee in or about a private home
(permanent or temporary) of the person by whom he or she is employed. The term
includes, but is not limited to, services performed by employees such as cooks,
waiters, butlers, valets, maids, housekeepers, governesses, janitors,
laundresses, caretakers, handymen, gardeners, and chauffeurs of automobiles for
family use. The term also includes babysitters whose employment is not on a
casual basis.
"Employ" includes to permit or suffer
to work.
"Employee"
includes any individual employed by an employer, but shall not include any
individual employed:
(1) At a guaranteed compensation totaling $4,000 or
more a month, whether paid weekly, biweekly, or monthly;
(2) In agriculture for any workweek in which the
employer of the individual employs less than twenty employees or in agriculture
for any workweek in which the individual is engaged in coffee harvesting;
(3) In or about the home of the individual's
employer:
(A) In domestic service on a casual basis; or
(B) Providing companionship services for the
aged or infirm;
(4) As a house parent in or about any home or shelter
maintained for child welfare purposes by a charitable organization exempt from
income tax under section 501 of the federal Internal Revenue Code;
(5) By the individual's sibling, sibling-in-law,
child, spouse, parent, or parent-in-law;
(6) In a bona fide executive, administrative,
supervisory, or professional capacity or in the capacity of outside salesperson
or as an outside collector;
(7) In the propagating, catching, taking, harvesting,
cultivating, or farming of any kind of fish, shellfish, crustacean, sponge,
seaweed, or other aquatic forms of animal or vegetable life, including the
going to and returning from work and the loading and unloading of those
products before first processing;
(8) On a ship or vessel and who has a Merchant
Mariners Document issued by the United States Coast Guard;
(9) As a driver of a vehicle carrying passengers for
hire operated solely on call from a fixed stand;
(10) As a golf caddy;
(11) By a nonprofit school
during the time that the individual is a student attending the school;
(12) In any capacity if by reason of the employee's
employment, in that capacity and during the term thereof, the minimum wage that
may be paid to the employee or maximum hours that the employee may work during
any workweek without the payment of overtime, are prescribed by the federal
Fair Labor Standards Act of 1938, as amended, or as the same may be further
amended from time to time; provided that if the minimum wage that may be paid
to the employee under the Fair Labor Standards Act for any workweek is less
than the minimum wage prescribed by section 387-2, then section 387-2 shall
apply in respect to the employee for that workweek; provided further that if
the maximum workweek established for the employee under the Fair Labor
Standards Act for the purposes of overtime compensation is higher than the
maximum workweek established under section 387-3, then section 387-3 shall
apply in respect to the employee for that workweek; except that the employee's
regular rate in that event shall be the employee's regular rate as determined
under the Fair Labor Standards Act;
(13) As a seasonal youth camp staff member in a
resident situation in a youth camp sponsored by charitable, religious, or
nonprofit organizations exempt from income tax under section 501 of the federal
Internal Revenue Code or in a youth camp accredited by the American Camping
Association; or
(14) As an automobile salesperson primarily engaged in
the selling of automobiles or trucks if employed by an automobile or truck
dealer licensed under chapter 437.
"Employer" includes any individual,
partnership, association, corporation, business trust, legal representative, or
any organized group of persons, acting directly or indirectly in the interest
of an employer in relation to an employee, but shall not include the State or
any political subdivision thereof or the United States.
"Industry" means a trade, business,
industry, or branch thereof, or group of industries in which individuals are
employed.
"Seasonal pursuit" means one in which
it is customary in each year for the volume of employment in such pursuit to be
substantially increased during a regularly recurring period or periods of
seasonal activity, and in the remainder of the year, owing to climate or other
natural conditions, for the volume of employment to be substantially
decreased. Periods of seasonal activity shall be considered as "regularly
recurring", within the meaning of this paragraph, notwithstanding that such
periods may vary from year to year.
"Tipped employee" means any employee
engaged in an occupation in which the employee customarily and regularly
receives more than $20 a month in tips.
"Wage" means (except as the
department may provide under section 387-11) legal tender of the United States
or checks on banks convertible into cash on demand at full face value thereof
and in addition thereto the reasonable cost as determined by the department, to
the employer of furnishing an employee with board, lodging, or other facilities
if such board, lodging, or other facilities are customarily furnished by such
employer to the employer's employees. Except for the purposes of the last sentence
of section 387-2, "wage" shall not include tips or gratuities of any
kind.
"Week" or "workweek" means
a fixed and regularly recurring period of seven consecutive days. [L Sp 1941, c
66, §2; am L 1943, c 159, §1; RL 1945, §4352; am L 1945, c 15, §1(1); am L
1949, c 292, §1; am L 1951, c 180, §1; am L 1953, c 161, §1; am L 1955, cc 15,
120, §1; RL 1955, §94-2; am L 1957, c 256, §3; am L 1959, c 89, §1 and c 164,
§1; am L Sp 1959 2d, c 1, §27; am L 1962, c 15, §2 and c 19, §2; am L 1965, c
67, §1 and c 132, §1(a), (b), and c 167, §1; HRS §387-1; am L 1969, c
36, §§1, 2 and c 219, §1; am L 1976, c 89, §1; am L 1983, c 44, §1; gen ch
1985; am L 1991, c 264, §1; am L 2002, c 43, §1; am L 2005, c 240, §2; am L
2013, c 248, §3; am L 2024, c 73, §1]