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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1785 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING to unemployment Benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 383-30, Hawaii Revised Statutes, is amended to read as follows:
"§383-30 Disqualification for benefits. An individual shall be disqualified for benefits:
(1) Voluntary separation. For any week prior to October 1, 1989, in which the individual has left work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been employed for at least five consecutive weeks of employment. For the purposes of this paragraph, "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, whether or not such employers are subject to this chapter. For any week beginning on and after October 1, 1989, in which the individual has left the individual's work voluntarily without good cause, and continuing until the individual has, subsequent to the week in which the voluntary separation occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).
An owner-employee of a corporation who brings about the owner-employee's unemployment by divesting ownership, leasing the business interest, terminating the business, or by other similar actions where the owner-employee is the party initiating termination of the employment relationship, has voluntarily left employment.
(2) Discharge or suspension for misconduct. For any week prior to October 1, 1989, in which the individual has been discharged for misconduct connected with work, and continuing until the individual has, subsequent to the week in which the discharge occurred, been employed for at least five consecutive weeks of employment. For the week in which the individual has been suspended for misconduct connected with work and for not less than one or more than four consecutive weeks of unemployment which immediately follow such week, as determined in each case in accordance with the seriousness of the misconduct. For the purposes of this paragraph, "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, whether or not such employers are subject to this chapter. For any week beginning on and after October 1, 1989, in which the individual has been discharged for misconduct connected with work, and until the individual has, subsequent to the week in which the discharge occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).
(3) Failure to apply for work, etc. For any week prior to October 1, 1989, in which the individual failed, without good cause, either to apply for available, suitable work when so directed by the employment office or any duly authorized representative of the department of labor and industrial relations, or to accept suitable work when offered and continuing until the individual has, subsequent to the week in which the failure occurred, been employed for at least five consecutive weeks of employment. For the purposes of this paragraph, "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, whether or not such employers are subject to this chapter. For any week beginning on and after October 1, 1989, in which the individual failed, without good cause, either to apply for available, suitable work when so directed by the employment office or any duly authorized representative of the department of labor and industrial relations, or to accept suitable work when offered until the individual has, subsequent to the week in which the failure occurred, been paid wages in covered employment equal to not less than five times the individual's weekly benefit amount as determined under section 383-22(b).
(A) In determining whether or not any work is suitable for an individual there shall be considered among other factors and in addition to those enumerated in paragraph (3)(B), the degree of risk involved to the individual's health, safety, and morals, the individual's physical fitness and prior training, the individual's experience and prior earnings, the length of unemployment, the individual's prospects for obtaining work in the individual's customary occupation, the distance of available work from the individual's residence, and prospects for obtaining local work. The same factors so far as applicable shall be considered in determining the existence of good cause for an individual's voluntarily leaving work under paragraph (1).
(B) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(i) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(ii) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or
(iii) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
[(4) Labor
dispute. For any week with respect to
which it is found that unemployment is due to a stoppage of work which exists
because of a labor dispute at the factory, establishment, or other premises at
which the individual is or was last employed; provided that this paragraph
shall not apply if it is shown that:
(A) The
individual is not participating in or directly interested in the labor dispute
which caused the stoppage of work; and
(B) The
individual does not belong to a grade or class of workers of which, immediately
before the commencement of the stoppage, there were members employed at the
premises at which the stoppage occurs, any of whom are participating in or
directly interested in the dispute; provided that if in any case separate
branches of work, which are commonly conducted as separate businesses in
separate premises, are conducted in separate departments of the same premises,
each such department shall, for the purpose of this paragraph, be deemed to be
a separate factory, establishment, or other premises.]
[(5)] (4) If
the department finds that the individual has within the twenty-four calendar
months immediately preceding any week of unemployment made a false statement or
representation of a material fact knowing it to be false or knowingly failed to
disclose a material fact to obtain any benefits not due under this chapter, the
individual shall be disqualified for benefits beginning with the week in which
the department makes the determination and for each consecutive week during the
current and subsequent twenty-four calendar months immediately following such
determination, and such individual shall not be entitled to any benefit under
this chapter for the duration of such period; provided that no disqualification
shall be imposed if proceedings have been undertaken against the individual
under section 383-141.
[(6)] (5) Other
unemployment benefits. For any week or part
of a week with respect to which the individual has received or is seeking
unemployment benefits under any other employment security law, but this
paragraph shall not apply[:]
(A) If the appropriate agency finally determines that the individual is not entitled to benefits under such other law; or
(B) If benefits are payable to the individual under an act of Congress which has as its purpose the supplementation of unemployment benefits under a state law."
SECTION 2. Section 383-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Determinations or redeterminations dated on
or after 383-30(5)] 383-30(4) shall include a penalty assessment
amount equal to fifteen per cent of the overpaid amount. Penalty assessments collected under this section
shall be deposited in the unemployment compensation fund."
SECTION 3. Section 383-141, Hawaii Revised Statutes, is amended to read as follows:
"§383-141 Falsely obtaining benefits, etc. Whoever makes a false statement or
representation knowing it to be false or knowingly fails to disclose a material
fact, to obtain or increase any benefit or other payment under this chapter or
under the unemployment compensation law of any state or of the federal
government, either for oneself or for any other person, shall be charged with a
misdemeanor if the value of the benefit obtained or increased is $300 or less,
or shall be charged with a class C felony if the value of the benefit obtained
or increased exceeds $300; and each such false statement or misrepresentation
or failure to disclose a material fact shall constitute a separate offense;
provided that no fine or imprisonment shall be imposed in any case in which
disqualification has been determined under section [383-30(5).] 383-30(4)."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed
and stricken. New statutory material is
underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Unemployment Benefits; Striking Workers; Eligibility
Description:
Allows striking workers to be eligible for unemployment benefits.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.