chapter-394•Hawaii Revised Statutes, Chapter 394 — Manpower Development and Training
chapter-394Haw. Rev. Stat. ch. 394Code1 de jan. de 1969
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).
The purpose of this chapter is to establish manpower development and training programs in the State of Hawaii and to determine the extent to which the employment needs of individuals can be met by either job training or a public service job or a combination of both.
[L 1969, c 251, §1; am L 1971, c 188, §1]
(a) There is established within the department of labor and industrial relations manpower development and training programs for the various industries in the State. The training programs are to be developed to assist those unemployed and underemployed persons who cannot reasonably be expected to obtain suitable full-time employment without the benefit of training. Instruction and training shall be provided by the department of education and the University of Hawaii system, and/or other suitable agencies. Where a need is indicated to overcome barriers to possible training, the department of labor and industrial relations, either on its own or in cooperation with the various departments and agencies of the state and county governments and private industry, may arrange for transportation, child care, health care and other aids to employment. The department of labor and industrial relations is also authorized to formulate and carry out a program of providing useful public service employment to unemployed persons other than public assistance recipients.
(b) The department of human services is authorized to formulate and carry out a program of providing useful public service employment to public assistance recipients. Refusal to accept suitable work as determined by the department of human services without justifiable reasons shall render an unemployed or underemployed recipient ineligible for public assistance.
[L 1969, c 251, §2; am L 1971, c 188, §2; am L 1972, c 53, §1; am L 1987, c 339, §4]
(a) The department of labor and industrial relations may enter into contracts for manpower development and training with the department of education, the University of Hawaii system, or other public agencies.
(b) The department of labor and industrial relations also may enter into contracts with private industry for manpower training and job placement of unemployed persons within such private organizations. The private employer shall be responsible for compensating such persons the minimum wage and the State may assume the differences in wages, if any, by determining the prevailing wage of persons employed in similar positions in private industry during the contract period for such manpower training.
(c) The department of labor and industrial relations shall formulate standards and adopt rules to carry out the purposes of this section.
[L 1969, c 251, §3; am L 1971, c 188, §3; am L 1974, c 126, §1]
The State shall pay to each person who is enrolled in a manpower development and training program a weekly compensation equal to the average weekly benefit amount provided under chapter 383. It may pay to each person who is employed on a public service employment project instituted under section 394-2 the prevailing wages of persons employed in similar public employment.
[L 1969, c 251, §4; am L 1971, c 188, §4]
The department of labor and industrial relations is authorized, with the advice of the workforce development council, to plan and administer human resource development and training programs under this chapter. The department shall process the payment of weekly compensation as provided under this chapter.
[L 1969, c 251, §5; am L 1971, c 188, §5; am L 1986, c 339, §63; am L 1993, c 6, §16; am L 1997, c 346, §9]
The State shall provide funds to cover such actual training costs as instructors' salaries, equipment and supplies.
[L 1969, c 251, §6]
Training is to be undertaken for those occupations for which there is reasonable expectation of employment upon completion of training.
[L 1969, c 251, §7]
(a) There is hereby established the new industry training program, which shall be administered by the department of labor and industrial relations. Program moneys may be used to tailor training or retraining programs to meet the needs of qualifying businesses, to reimburse instructors for valid and approved expenditures in delivering instruction under the program, to rent appropriate training facilities and equipment, when necessary, to purchase or develop materials required to deliver the instruction, and for any other training-related expenses.
(b) The department shall utilize the resources of the University of Hawaii, including the community college system, the Hawaii technology development corporation, and other educational and training resources in the public and private sectors throughout the State as may be appropriate to be used to provide preemployment or employment training or on-the-job training for local residents hired by businesses relocating to Hawaii or expanding their local operations. The department may contract for these training needs from public agencies including the various University of Hawaii campuses, private educational institutions, nonprofit corporations, or private entities in order to provide the required training.
[L 1987, c 241, §2; am L 2017, c 69. §4]
(a) In order to be eligible for state-assisted training or retraining under section 394-8, businesses must:
(1) Be licensed to do business in Hawaii;
(2) Establish or expand operations in Hawaii; and
(3) Be engaged in research, development, manufacturing, production, or delivery of services in growth industries such as, but not limited to, electronics, software, instrumentation, biotechnology, renewable energy, telecommunications, computers, mariculture, aquaculture, tropical agriculture, Hawaiian natural products, and space applications including astronomical research.
(b) The department may adopt rules to further clarify qualifying businesses and industries, eligible job positions for training, and eligible persons for job training to promote economic expansion within the State and may consult with the department of business, economic development, and tourism prior to issuing these rules.
[L 1987, c 241, §3; am L 1988, c 141, §36; am L 1990, c 293, §8]
(a) The department of labor and industrial relations may enter into contracts with employers or registered apprenticeship program sponsors in the private sector to provide on-the-job training to eligible interns; provided that any participating apprenticeship program sponsor in the private sector shall only offer to eligible interns on-the-job training in public sector projects. The department may provide to the employers or sponsors up to $20.00 per hour in reimbursements for wages only for the costs of training and supervising an intern. The employers or sponsors shall not be required to provide documentation of these costs.
(b) Eligible employers or sponsors shall demonstrate compliance with Hawaii compliance express or any successor program established to facilitate compliance with section 103D-310(c).
(c) Contracts under this section shall be limited to a period of twelve weeks for college or university students, with an extension of up to twelve additional weeks if approved by the director of labor and industrial relations, and six weeks for high school students, with an extension of up to eight weeks during the summer break. In determining the appropriate length of the contract, the director shall consider the:
(1) Occupation's skill requirements;
(2) Intern's existing academic and occupational skill levels; and
(3) Intern's prior work experience.
(d) The employer or sponsor shall comply with state and federal employment laws pursuant to chapter 387 and the Fair Labor Standards Act of 1938, as amended.
(e) The department of labor and industrial relations shall adopt interim rules, which shall be exempt from chapter 91, to develop and implement the program; provided that the interim rules shall remain in effect until the adoption of rules pursuant to chapter 91 to allow the department to:
(1) Ensure that participating interns are eligible pursuant to subsection (f) and participating employers or sponsors are eligible pursuant to subsection (g);
(2) Ensure that interns are referred by the department to employers or sponsors and not directly by the employers or sponsors;
(3) Reimburse employers or sponsors up to $20.00 per hour for wages only for the extraordinary costs of providing intern training and supervision;
(4) Develop a training plan for participating interns of the program in collaboration with the intern and employer or sponsor;
(5) Monitor each intern's progress in the program to ensure that training plan objectives are being met;
(6) Consult with interns and onsite supervisors to address any problems affecting the training plan;
(7) Terminate an internship, if necessary, due to problems at the worksite caused by either the intern or the employer or sponsor; and
(8) Limit employer or sponsor participation to no more than five interns at one time, as tracked by the federal employer identification number of the employer or sponsor.
(f) The department of labor and industrial relations shall develop eligibility criteria for interns, including requirements that the intern:
(1) Be sixteen years of age or older;
(2) Be a Hawaii resident;
(3) Be currently enrolled:
(A) In a public high school or has earned a high school diploma or its equivalent within one year of applying for the internship; or
(B) In an accredited college or university or has earned a college or university degree within one year of applying for the internship;
(4) Have, or has graduated with, a cumulative grade point average of 2.5 or higher, on a scale of 4.0 or its equivalent; and
(5) Is not an apprentice in a registered apprenticeship program or journey worker;
provided that the department of labor and industrial relations may conduct criminal history background checks as appropriate.
(g) The department of labor and industrial relations shall develop eligibility criteria for employers or sponsors, including requirements that the employer or sponsor:
(1) Provide onsite work experience that complies with each intern's training plan and includes the daily supervision, training, and guidance necessary to enable each intern to develop work habits and job-specific skills that are essential for employment;
(2) Provide interns with the same working conditions as other employees in similar occupations;
(3) Consult the department to obtain assistance when an intern requires support services to effectively complete an assigned task;
(4) Pay no less than $20.00 per hour for a maximum of thirty hours per week for high school students; provided that the maximum hours may be increased to forty hours during the summer break;
(5) Pay no less than $20.00 per hour for a maximum of forty hours per week; provided that the maximum hours for college or university students who are enrolled in at least two college or university courses shall not exceed twenty hours;
(6) Provide each intern with a mentor to give on-the-job guidance and to answer routine questions about the workplace;
(7) Ensure that interns do not displace currently employed workers, reduce the hours of those currently employed, infringe on the opportunities for promotion of regular employees, or replace the work of employees who have experienced layoffs;
(8) Ensure that interns' on-the-job training does not impair existing contracts for services or collective bargaining agreements;
(9) Ensure that the worksite, supervisor, and participants are available for monitoring by the department;
(10) Ensure that the worksite complies with all occupational safety and health standards established under state and federal law;
(11) Maintain time sheets and attendance records for each intern and prepare intern evaluations and any other reports required by the department;
(12) Notify the department on a timely basis if an intern:
(A) Is injured at the worksite;
(B) Is absent without good cause;
(C) Performs poorly on job assignments;
(D) Refuses to participate in work or work-related activities; or
(E) Is not making satisfactory progress in the program or on the job;
(13) For private sponsors, contribute fifty per cent in cost sharing benefits, including wages and fringe benefits; and
(14) Indemnify and hold harmless the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided under this section and procure sufficient insurance to provide this indemnification.
[L 2025, c 251, pt of §2]
(a) There is established within the department of labor and industrial relations the state internship and workforce development program. The department of labor and industrial relations shall collaborate with the department of human resources development to process all public program applications and place interns in temporary or permanent positions at state executive branch departments, agencies, or programs. The program shall:
(1) Provide paid internship opportunities within various state departments and agencies;
(2) Prioritize placement in departments with significant workforce shortages; and
(3) Include comprehensive training, mentorship, and evaluation components.
(b) Selection of internship participants shall be based upon:
(1) Academic achievement or relevant work experience;
(2) Interest in public service careers; and
(3) Alignment with departmental workforce needs.
(c) As part of the program, internship participants shall:
(1) Attend and actively participate in all required work experience training sessions;
(2) Perform assigned duties and responsibilities in accordance with program guidelines; and
(3) Adhere to workplace policies and procedures.
(d) As part of the program, coordinating agency work sites shall:
(1) Provide meaningful and adequate work experience to help interns meet the requirements for employment in the relevant position;
(2) Conduct regular performance evaluations of interns and provide feedback to the coordinating agency;
(3) Collaborate with the department of labor and industrial relations to create career pathways for interns; and
(4) Ensure that viable and vacant positions relative to the interns' field of study are available for them to participate in this program.
(e) The department of labor and industrial relations shall:
(1) Ensure that the experience gained through the program qualifies participants to apply for vacant positions of a similar level and scope within the hosting department;
(2) Develop standardized guidelines to align internship duties with the qualifications required for full-time employment;
(3) Provide ongoing support to coordinating agencies to ensure compliance with program objectives; and
(4) Collaborate with coordinating agencies to create career pathways for interns.
(f) As part of the program, participants shall receive opportunities for professional development and skills training.
(g) Before the first day of each internship, the department of labor and industrial relations shall provide the department of human resources development with:
(1) The name of the intern;
(2) The state executive branch department, agency, or program to which the intern is assigned;
(3) The expected start and end dates of the internship; and
(4) Any other relevant information that the department of human resources development may require to assist the intern in pursuing future employment with the state executive branch.
(h) For the purposes of this section:
"Coordinating agency" means the participating State of Hawaii department, agency, or office hosting and employing an intern program participant.
"Eligible participant" means an individual who meets established guidelines for participation in the program, including recent high school graduates, college students, and post-graduate students, and individuals seeking to transition into public service careers.
"Internship program" or "program" means the state internship and workforce development program established pursuant to this section.
"Participant" means an individual accepted into the internship program.
[L 2025, c 251, pt of §2]
The department of labor and industrial relations shall submit an annual report on state-funded internship programs for both the private and public sectorsto the legislature no later than twenty days prior to the convening of each regular session. At a minimum, each report shall include:
(1) Outcomes and successes of the program;
(2) The number of interns who enrolled in the program and exited the program during the previous fiscal year;
(3) The names of the private or public sector organizations where intern placements were made;
(4) Data on intern performance and retention rates;
(5) Costs associated with the program; and
(6) Any proposed legislation.
[L 2025, c 251, pt of §2]
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