Sections
Part 1 General Provisions 490:1-101 – 490:1-108
Part 2 General Definitions and Principles of Interpretation 490:1-201 – 490:1-206
Part 3 Territorial Applicability and General Rules 490:1-301 – 490:1-310

Terms Used In Hawaii Revised Statutes > Chapter 490 > ARTICLE 1 - GENERAL PROVISIONS

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agriculture: means agriculture as defined in § 3(f) of the Federal Fair Labor Standards Act of 1938, or as the same may be amended from time to time. See Hawaii Revised Statutes 387-1
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: means the fund's board of directors. See Hawaii Revised Statutes 386A-1
  • 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. See Hawaii Revised Statutes 387-1

  • 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. See Hawaii Revised Statutes 387-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 387-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 387-1
  • Director: means the director of transportation. See Hawaii Revised Statutes 286-201
  • 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. See Hawaii Revised Statutes 387-1
  • Employ: includes to permit or suffer to work. See Hawaii Revised Statutes 387-1
  • Employee: includes any individual employed by an employer, but shall not include any individual employed:

         (1)  At a guaranteed compensation totaling $2,000 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 § 501 of the federal Internal Revenue Code;

         (5)  By the individual's brother, sister, brother-in-law, sister-in-law, son, daughter, 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 such products prior to 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 such individual is a student attending such school;

        (12)  In any capacity if by reason of the employee's employment in such capacity and during the term thereof the minimum wage which may be paid the employee or maximum hours which 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 which may be paid the employee under the Fair Labor Standards Act for any workweek is less than the minimum wage prescribed by § 387-2, then § 387-2 shall apply in respect to the employees for such 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 § 387-3, then § 387-3 shall apply in respect to such employee for such workweek; except that the employee's regular rate in such an 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 § 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. See Hawaii Revised Statutes 387-1

  • 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. See Hawaii Revised Statutes 387-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fiduciary: A trustee, executor, or administrator.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fund: means the Hawaii state compensation mutual insurance fund. See Hawaii Revised Statutes 386A-1
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gross vehicle weight rating: means the value specified by the manufacturer as the loaded weight of a single vehicle. See Hawaii Revised Statutes 286-201
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Industry: means a trade, business, industry, or branch thereof, or group of industries in which individuals are employed. See Hawaii Revised Statutes 387-1
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Motor carrier: as used in this part means any person who owns a motor vehicle used in, or engages in the transportation of persons or property by motor vehicle on the public highways in the furtherance of any commercial, industrial, or educational enterprise. See Hawaii Revised Statutes 286-201
  • Motor carrier vehicle: means any motor vehicle or vehicle, including integrally mounted equipment and specially constructed motorized equipment, used by a motor carrier to transport passengers or property on the public highways. See Hawaii Revised Statutes 286-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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. See Hawaii Revised Statutes 387-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tipped employee: means any employee engaged in an occupation in which the employee customarily and regularly receives more than $20 a month in tips. See Hawaii Revised Statutes 387-1
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Wage: means (except as the department may provide under § 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. See Hawaii Revised Statutes 387-1
  • workweek: means a fixed and regularly recurring period of seven consecutive days. See Hawaii Revised Statutes 387-1