HAR §12-506-2. §12-506-2 Definitions

As used in chapter 394B, HRS, and in this chapter, unless the context clearly indicates otherwise: "Affected employee" is any individual engaged in service to an employer and who has a reasonable expectation of continuing employment with that employer at the time of the closing, partial closing, or relocation. "Average weekly wages" means a figure equal to the total wages paid to an employee of the employer affected by a closing, partial closing, or relocation, divided by the number of weeks, not to exceed 52 weeks prior to the closing, partial closing, or relocation, that the employee actually worked or was on compensated leave with that employer. "Closing" shall be as defined in section 394B-2, HRS. "Compensated leave" means authorized absence while the employee is being paid wages, such as sick leave, holiday leave, and vacation leave; but excluding unpaid absences from work, and absences from work while receiving payments, such as workers' compensation, temporary disability insurance, and long-term disability insurance. "Covered establishment" shall be as defined in section 394B-2, HRS. "Department" shall be as defined in section 394B-2, HRS. "Director" shall be as defined in section 394B-2, HRS. "Dislocated worker" shall be as defined in section 394B-2, HRS. "Employee" shall be as defined in section 394B-2, HRS. "Employer" shall be as defined in section 394B-2, HRS. "Partial closing" shall be as defined in section 394B- 2, HRS. "Permanent shutting down" means the cessation of a portion or all of the business activities in a covered establishment which results in a lay-off or termination of employees. If the covered establishment or portion thereof continues operations with a different owner or different employees, the act of a lay-off or termination of employees constitutes a permanent shutting down. "Person" shall be as defined in section 394B-2, HRS. "Portion of operations" for the purposes of a partial closing means a distinct part of the operations, such as a department, division, branch, or outlet. §12-506-2 "Portion of the employees" for the purposes of a partial closing means one or more employees employed in that portion of the operations. "Relocation" shall be as defined in section 394B-2, HRS. "Sale, transfer, merger, and other business takeover or transaction of business interests" means any of the various forms of business transactions where there is a change in the controlling interest of a covered establishment, or the sale, transfer, or merger of a portion of the operations of a covered establishment. "Transaction of business interests," as used in this context, refers to transactions similar to sales, transfers, mergers, and other business takeovers. Examples: Employer A is a construction company which employs 100 workers on a construction project. When the project is completed, all 100 workers are laid off. For purposes of the definition, no sale, transfer, merger, and other business takeover or transaction of business interests has taken place. Employer B is a retail store employing 200 workers. The employer hires an additional 50 temporary workers for the Christmas shopping period. All 50 temporary workers are laid off after the Christmas shopping season. For purposes of the definition, no sale, transfer, merger, and other business takeover or transaction of business interests has taken place. "Supplemental unemployment compensation benefits" means any remuneration or benefit, such as severance pay, that are given upon the employee's termination from employment. "Wages" means all remuneration for services constituting employment. It includes the market value of board, lodging, fuel, and other advantages having a cash value which the employer has paid as a part of the employee's remuneration and gratuities received in the course of employment from others than the employer to the §12-506-2 extent that they are customary and expected in that type of employment or accounted for by the employee to the employer. [Eff: 8/15/88] (Auth: HRS §394-B-10) (Imp: HRS §394B-2)