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HRS §383-161

Workers cannot give up unemployment rights

This law makes it illegal for a worker to give up their unemployment benefits or other rights under this chapter. It also stops employers from making workers pay the employer's share of unemployment taxes. Employers who break this rule face fines or jail time.

employeesemployers

The statute, as written — Waiver of rights void

(a) Any agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter shall be void, except agreements to withhold and deduct benefits for the following purposes: (1) The payment of child support obligations as provided in section 383-163.5; (2) The voluntary deduction and withholding of federal and state income tax from unemployment compensation as provided in section 383-163.6; and (3) The repayment of uncollected overissuances of food stamp coupons as provided in section 383-163.7. (b) Any agreement by an individual in the employ of a person or concern to pay all or any portion of an employer's contributions required under this chapter from the employer, shall be void. No employer, directly or indirectly, shall make, require, or accept any deduction from wages to finance the employer's contributions required from the employer, require or accept any waiver of any right hereunder by any individual in the employer's employ, discriminate in regard to the hiring or tenure of work or any term or condition of work of any individual on account of the individual's claiming benefits under this chapter, or in any manner obstruct or impede the filing of claims for benefits. Any employer, officer, or agent of any employer who violates this section, for each offense, shall be fined not less than $100 nor more than $1,000, or imprisoned not more than six months, or both.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§383-163.5 Taking child support from unemployment benefits

§383-163.6 Choosing to have income tax taken out of unemployment pay

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.