Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 383
Hawaii Revised Statutes

Haw. Rev. Stat. § 383-6 (2026)

  Master and servant relationship, not required when

✓ current as of July 2026
Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

     §383-6  Master and servant relationship, not required when.  Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to this chapter irrespective of whether the common law relationship of master and servant exists unless and until it is shown to the satisfaction of the department of labor and industrial relations that:

     (1)  The individual has been and will continue to be free from control or direction over the performance of such service, both under the individual's contract of hire and in fact;

     (2)  The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and

     (3)  The individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of service. [L 1939, c 219, §2(k)(5); am L 1941, c 304, §1, pt of subs 8; RL 1945, §4207; RL 1955, §93-6; am L Sp 1959 2d, c 1, §27; HRS §383-6; gen ch 1985]

 

Revision Note

 

  In paragraph (1), "and" deleted pursuant to §23G-15.

 

Law Journals and Reviews

 

  Relief for Manufacturers and Wholesalers:  A Proposal to Exclude Commissions Paid to Part-Time Sales Representatives from Hawaii's Unemployment Tax.  II HBJ, no. 13, at 35 (1998).

 

Case Notes

 

  "Control" test.  38 H. 16 (1948).

  Coverage, generally.  41 H. 508 (1957). 

  Coverage may be broader than federal law.  41 H. 508 (1957).

  "Control" test; salespersons representing home remodelling company were "employees" under control and supervision of company.  2 H. App. 421, 633 P.2d 564 (1981).

 

 

Notes of Decisions
Cited in 2 cases, 1981–2019 · leading case: Spar Mktg. Servs., Inc. v. State, 436 P.3d 1205 (Haw. App. 2019).
Sort: Relevance Newest Treatment
Spar Mktg. Servs., Inc. v. State, 436 P.3d 1205 (Haw. App. 2019). · cites it 23× “In the DLIR proceeding there was no dispute that Spar had paid money to Inokuchi for performing "merchandising-related services projects" for Spar's clients pursuant to the Agreement. Accordingly, for purposes of the Hawaii Employment Security Law, Inokuchi's relationship with…”
Homes Consultant Co., Inc. v. Agsalud, 633 P.2d 564 (Haw. App. 1981). · cites it 12× “3 Under HRS § 383-6 (1976), individuals who receive wages are presumed to be in employment.”
Haw. Rev. Stat. § 383-6(1): 2 cases
Homes Consultant Co., Inc. v. Agsalud, 633 P.2d 564 (Haw. App. 1981). “3 Under HRS § 383-6 (1976), individuals who receive wages are presumed to be in employment.”
Spar Mktg. Servs., Inc. v. State, 436 P.3d 1205 (Haw. App. 2019). “In the DLIR proceeding there was no dispute that Spar had paid money to Inokuchi for performing "merchandising-related services projects" for Spar's clients pursuant to the Agreement. Accordingly, for purposes of the Hawaii Employment Security Law, Inokuchi's relationship with…”
Haw. Rev. Stat. § 383-6(3): 1 case
Homes Consultant Co., Inc. v. Agsalud, 633 P.2d 564 (Haw. App. 1981). “3 Under HRS § 383-6 (1976), individuals who receive wages are presumed to be in employment.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.