Mobile Applications

HRS div. 1, tit. 21, ch. 378, pt. VIII

in effect

HRS §378-101 Definitions

378-101. Definitions As used in this part: "Employee" means an individual who performs a service for wages or other remuneration under a contract for hire, written or oral, or expressed or implied. "Employee" includes: (1) A prospective employee who has applied for or otherwise actively expressed interest in employment with an employer; and (2) An individual employed by the State or a political subdivision of the State. "Employer" means a person who has one or more employees. "Employer" includes an agent of an employer or of the State or a political subdivision thereof but does not include the United States. "Employer-owned communication device" means a device allowing for electronic communications, such as a mobile phone or tablet, that is owned or whose cost is reimbursed by the employer. "Mobile application" means a type of application software designed to run on a mobile electronic device, such as a smartphone or tablet computer. "Personal communication device" means a device allowing for electronic communication, including a mobile phone and tablet, that is not owned, or the cost of which is not reimbursed, by the employer. [L 2021, c 206, pt of §2]

HRS §378-102 Unlawful practices

378-102. Unlawful practices It shall be unlawful for any employer to: (1) Require an employee to download a mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed as a condition of employment or continued employment; or (2) Terminate, discharge, or otherwise discriminate against an employee for: (A) Refusing to download or refusing to consent to download to the employee's personal communication device, a mobile application that enables the employee's location to be tracked or the employee's personal information to be revealed; or (B) Opposing any practice forbidden by this part or filing a complaint, testifying, or assisting in any proceeding concerning an unlawful practice prohibited under this part. [L 2021, c 206, pt of §2]

HRS §378-103 Exception

378-103. Exception Nothing in this part shall be deemed to: (1) Repeal or affect any law, ordinance, rule, or regulation having the force and effect of law; (2) Apply to the United States government; (3) Conflict with or affect the application of security regulations in employment established by the United States or the State; (4) Apply if the employee consents to downloading the mobile application to the employee's personal communication device that enables the employee's location to be tracked or the employee's personal information to be revealed; or (5) Prohibit an employer from requiring an employee to carry or use an employer-owned communication device that enables the employee's location to be tracked. [L 2021, c 206, pt of §2]

HRS §378-104 Civil actions for injunctive relief or damages

378-104. Civil actions for injunctive relief or damages (a) A person who alleges a violation of this part may bring a civil action for appropriate injunctive relief, actual damages, or both within two years after the occurrence of the alleged violation. (b) A cause of action pursuant to subsection (a) may be brought in the appropriate court in the circuit where the alleged violation occurred, where the plaintiff resides, or where the defendant resides or has a principal place of business. (c) A defendant who violates this part shall be fined $500 for each violation. A civil fine that is ordered pursuant to this section shall be deposited with the director of finance to the credit of the general fund. (d) For purposes of this section, "damages" means damages for injury or loss caused by each violation of this part, including reasonable attorney's fees. [L 2021, c 206, pt of §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0378/HRS_0378-.htmFetched: 11/10/2026