HRS §383-6
When a worker is not an employee for unemployment
This section says that, for unemployment insurance, a worker is treated as an employee unless the Department of Labor and Industrial Relations is shown three things: the worker is free from the employer's control, the work is outside the employer's usual business or locations, and the worker has their own independent business doing similar work.
employeesemployers
The statute, as written — 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.
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