§371-11 Research and statistics; employers to keep certain records. The department of labor and industrial relations:

(1) Shall investigate and gather data regarding the wages, hours, and other conditions and practices of employment in the State, and may enter and inspect places and records, and make transcriptions thereof, and investigate facts, conditions, practices, or matters as are necessary or appropriate to carry into effect the duties imposed upon it under this chapter or under the rules of the department;

(2) May investigate, collect, and publish information relating to the cost of living in the State as it deems advisable; and

(3) Shall collect, file, and publish information relating to labor and industrial relations and shall perform other duties as the director of labor and industrial relations shall by rule prescribe.

Every employer subject to this chapter or any rule or regulation of the department issued under this chapter shall make, keep, and preserve records of the persons employed by the employer and of the wages, hours, and other conditions and practices of employment, maintained by the employer, and preserve the records for periods of time, as the department may by rule prescribe. In addition, every employer, regardless of whether they use a professional employer organization or a third-party administrator, shall keep a record of the former physical addresses and current physical address of the employer and the North American Industry Classification System code applicable to the employer.

The director or the director's authorized representative shall for the purpose of examination have access to and the right to copy from the records any matter or thing pertinent to this section, and every employer shall furnish to the director or the director's authorized representative on demand a copy under oath of the material portion of the records as the director or the director's authorized representative requires, and if the director so requires, upon forms prescribed or approved by the director.

The department shall adopt all necessary rules and regulations to carry out the purposes of this section. [L 1939, c 237, §1(14); RL 1945, §4117; RL 1955, §88-18; am L 1957, c 135, §2; am L Sp 1959 2d, c 1, §27; HRS §371-11; gen ch 1985; am L 2016, c 190, §1]

Cross References

Rulemaking, see chapter 91.