Hawaii Revised Statutes, Chapter 379 — Recruiting and Hiring of Employees During Labor Disputes

Division 1. Government — Title 21. Labor and Industrial Relations

Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:14 PM).

Division 1 Government

Title 21 Labor and Industrial Relations

Chapter 379 Recruiting and Hiring of Employees During Labor Disputes

§379-1 Definitions

The term "labor disputes" includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.

[L 1967, c 18, pt of §2; HRS §379-1]

§379-2 Unlawful practices

It shall be unlawful for any person:

(1) To recruit, procure, supply, or refer any person for employment in place of an employee involved in a labor dispute in which the person recruiting, procuring, supplying, or referring is not directly interested.

(2) When involved in a labor dispute, to employ in place of an employee involved in such labor dispute any person who customarily and repeatedly offers oneself for employment in the place of employees involved in a labor dispute, or to knowingly employ any person in place of an employee involved in a labor dispute who is recruited, procured, supplied, or referred for employment by any person not directly involved in the labor dispute.

(3) Who customarily and repeatedly offers oneself for employment in place of employees involved in a labor dispute to take or offer to take the place in employment of employees involved in a labor dispute.

(4) Involved in a labor dispute to contract or arrange with any other person to recruit, procure, supply, or refer persons for employment in place of employees involved in the labor dispute.

[L 1967, c 18, pt of §2; HRS §379-2; gen ch 1985]

§379-3 Advertising

(a) If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television, or by means of any employment agency to work for that person or the person for whom that person is acting at any shop, plant, or establishment, while a labor dispute is still in active progress at the shop, plant, or establishment, that person shall plainly and explicitly mention in the advertisement or solicitation that a labor dispute exists.

(b) The person soliciting or advertising for employees in the manner set forth in this section shall use in the advertisement or solicitation that person's own name, and, if that person is representing another, the name of the person that person is representing and at whose direction and under whose authority the solicitation or advertisement is made. The appearance of this name in connection with the advertisement or solicitation shall be deemed prima facie evidence as to the person responsible for the advertisement or solicitation.

[L 1967, c 18, pt of §2; HRS §379-3; am L 2016, c 55, §6]

§379-4 Penalty

Any person, or agent, or officer thereof, who violates this chapter is punishable by a fine of not more than $1,000 or imprisonment of not more than one year, or both.

[L 1967, c 18, pt of §2; HRS §379-4]