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
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Terms Used In Hawaii Revised Statutes 378-102

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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. See Hawaii Revised Statutes 378-101

  • Employer: includes an agent of an employer or of the State or a political subdivision thereof but does not include the United States. See Hawaii Revised Statutes 378-101
  • Mobile application: means a type of application software designed to run on a mobile electronic device, such as a smartphone or tablet computer. See Hawaii Revised Statutes 378-101
  • 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. See Hawaii Revised Statutes 378-101
(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.
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