Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 27 - THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW
Subchapter 1 - ADMINISTRATION AND ENFORCEMENT
Section 12-27-4 - Employment relationship determination
Current through August, 2024
Services performed by an individual for wages or under any contract of hire shall be deemed to be employment subject to the statute unless and until it is shown to the satisfaction of the department 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.
