Hawaii Layoff laws & HR compliance analysis

Hawaii Layoff: What you need to know

Hawaii's Dislocated Workers Act augments the federal Worker Adjustment and Retraining Notification Act (WARN Act) by protecting employees from unexpected layoffs as a result of closings, divestitures, partial closings, and relocations (HI Rev. Stat. Sec. 394B-1 et seq.). Employers must comply with both federal and state laws, if applicable. In addition, the state's dislocated worker law also provides coverage similar to the federal Workforce Innovation and Opportunity Act (WIOA).
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Under Hawaii law, covered establishments (industrial, commercial, or other business entities) with 50 or more employees in the preceding 12-month period must provide at least 60 days' advance notice of a divestiture, partial closing, closing, or relocation to each affected employee and to the director of the Hawaii Department of Labor and Industrial Relations (HI Rev. Stat. Sec. 394B-9).
Divestiture. A "divestiture" is the transfer of a covered establishment from one employer to another because of the sale, transfer, merger, bankruptcy, or other takeover or transaction of business interests that causes employees of the covered establishment to become dislocated workers.
Partial closing. A "partial closing" is the permanent shutting down of a portion of operations within a covered establishment due to the sale, transfer, merger, or other business takeover or transaction that results in or may result in the termination of employees by the employer.
Closing. A "closing" is defined as the permanent shutting down of all operations in a covered establishment due to the sale, transfer, merger, other business takeover or transaction, bankruptcy, or other close of business transaction that results in or may result ...

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