Hawaii Revised Statutes

Haw. Rev. Stat. § 383-3 (2025)

  Place of performance

✓ laws through the 2025 session: the 2026 session is not included
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     §383-3  Place of performance.  "Employment" includes an individual's entire service, performed within or both within and without this State if:

     (1)  The service is localized in this State; or

     (2)  The service is not localized in any state but some of the service is performed in this State and[:]

          (A)  The individual's base of operation, or, if there is no base of operation, then the place from which such service is directed or controlled, is in this State; or

          (B)  The individual's base of operation or place from which the service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this State.

     Notwithstanding any other provisions of this section, the term employment also includes all service performed after June 30, 1946, by an officer or member of the crew of an American vessel on or in connection with such vessel, provided that the operating office from which the operations of the vessel operating on navigable waters within or within and without the United States is ordinarily and regularly supervised, managed, directed, and controlled, is within this State. [L 1939, c 219, §2(k)(2); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4204; am L 1947, c 75, §1(2); RL 1955, §93-3; HRS §383-3]

 

Revision Note

 

  In paragraph (2), (A) and (B) reformatted as subparagraphs (A) and (B) pursuant to §23G-15.

 

 

Notes of Decisions
Cited in 2 cases, 1982–2000 · leading case: Black Constr. Corp. v. Agsalud, 639 P.2d 1088 (Haw. 1982).
Black Constr. Corp. v. Agsalud, 639 P.2d 1088 (Haw. 1982). “itizen of the United States, performed outside the United States (except in Canada or the Virgin Islands as provided in paragraph (5) of this subsection), after December 31, 1971 in the employ of an American employer or of this State or of any of its instrumentalities or of any…”
Akiba v. Waiolena, 12 P.3d 362 (Haw. App. 2000). · cites it 2× “HRS § 383-2 (1993) generally defines “employment,” subject to HRS §§ 383-3 to 383-9, as meaning “service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or im *270 plied.”
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