Title 12, Chapter 20, Subchapter 4, Employment of Student-Workers

1
ADMINISTRATIVE RULES
TITLE 12
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Subtitle 4
Wage Standards Division
C H A PT ER 2 0
WAGE AND HOUR
Subchapter 4 Employment of Student -Workers
§12-20-81 Definitions
§12-20-82 Application for certificate
§12-20-83 Issuance of certificate
§12-20-84 Record keeping requirements
§12-20-85 Revocation and cancellation
§12-20-86 Reconsideration
§§12-20-87 to 12-20-90 (Reserved)
SUBCHAPTER 4
EMPLOYMENT OF STUDENT-WORKERS
Historical Note: Subchapter 4, chapter 20 of title 12 is based substantially upon "Regulation
XXVII, Relating to Employment of Student-Workers" of the Department of Labor and
Industrial Relations. [Eff. 9/4/62; am 1/1/64; am 9/1/69; R Oct. 2, 1981]
§12-20-81 Definitions. As used in this subchapter:
"Attending . . . school" means all of that period commencing with the first day the individual
is required to attend classes at the school and ending with the day all of the courses or subjects of
study for which the individual has registered for the term, semester, or school year, as the case
may be, are completed or terminated, or the individual's status as a student is terminated.

2
"Full-time student" means an individual who has not attained the age of nineteen and who is
considered a regular full-time student by the school at which the individual is enrolled or
registered.
"Part-time employee" means an individual who works less than the customary full-time hours
worked by a regular full-time employee of the establishment, plant, factory, or other premises at
which the individual is employed, and, except as otherwise provided herein, whose hours of work
at the establishment, plant, factory, or other premises at which the individual is employed do not
exceed:
(1) Four hours on a school day;
(2) Eight hours on a Saturday, Sunday, or on a holiday observed by the school at which the
individual is a student; and
(3) Twenty-five hours in a workweek.
Any provision to the contrary notwithstanding, an individual shall be deemed a "part-time
employee" during Christmas and Spring vacations observed by the school at which that
individual is a student if during those vacations the individual's hours of work performed for any
one employer do not exceed eight hours in a day and forty hours in a workweek.
"Student-worker" means a part-time employee who is a full-time student attending a public or
private school other than a college, university, business school, or technical school. [Eff. Oct. 2,
1981] (Auth: HRS §§387-9, 387-11) (Imp: HRS §387-9)
§12-20-82 Application for certificate. (a) Application for the employment of student-
workers under special certificates authorizing employment at wages lower than the minimum
wage applicable under section 387-2, Hawaii Revised Statutes, shall be made by the employer on
forms furnished by the department. The application must be complete and be signed by the
employer, the student-worker, and a parent or guardian of the student-worker.
(b) The employer shall also obtain a statement from the principal or an
authorized official of the school that the student-worker is a full-time day student of that school,
and the statement shall be presented to the director with the application for a special certificate.
[Eff. Oct. 2, 1981] (Auth: HRS §§387-9, 387-11) (Imp: HRS §387-9)
§12-20-83 Issuance of certificate. Upon the receipt of an application for the employment of
a student-worker, the director may issue a special certificate to the employer under the following
terms and conditions:
(1) The special minimum wage shall be not less than eighty-five percent of the minimum
wage under section 387-2, Hawaii Revised Statutes, or as the same may be amended
from time to time;
(2) Hours or other conditions of employment are not detrimental to the health, safety, or
morals of the student-worker;

3
(3) The special certificate shall be valid under the terms set forth in the
certificate for a period of not more than twelve months from the date of issue as
specified in the certificate; and
(4) The employer shall keep the special certificate on file while the
student-worker is employed, and upon termination of employment, the certificate shall
be returned to the director. [Eff. Oct. 2, 1981] (Auth: HRS §§387-9, 387-11) (Imp: HRS
§387-9)
§12-20-84 Record keeping requirements. In addition to records required by section
12-20-8 and by chapter 387, Hawaii Revised Statutes, the employer's records shall identify each
student-worker. [Eff. Oct. 2, 1981] (Auth: HRS §§387-9, 387-11) (Imp: HRS §387-9)
§12-20-85 Revocation and cancellation. Any special certificate may be revoked or
cancelled for cause at any time by the director after affording all interested parties an opportunity
for a hearing. Cause shall mean violation of this subchapter or any provision of chapters 387 or
388, Hawaii Revised Statutes, or a finding by the director that the hours or other conditions of
employment are detrimental to the health, safety, or morals of the student-worker. [Eff. Oct, 2,
1981] (Auth: HRS §§387-9, 387-11) (Imp: HRS §387-9)
§12-20-86 Reconsideration. (a) Any person aggrieved by the director's action in denying,
granting, or revoking a special student-worker certificate, within ten days after that action, may
file a written request for reconsideration by the director.
(b) A request for reconsideration shall be granted where the applicant shows that there is
additional evidence which may materially affect the decision and that there were reasonable
grounds for failure to offer that evidence prior to the director's action. [Eff. Oct. 2, 1981] (Auth:
HRS §§387-9, 387-11) (Imp: HRS §387-9)
§§12-20-87 to 12-20-90 (Reserved)
Nothing in Chapter 387, HRS, and above related Administrative Rules
shall be construed to supersede any provision of Chapter 390, HRS,
Child Labor Law and related Administrative Rules that may provide
greater protections and requirements.