All Laws Decoded

Unemployment for Self-Employed and Gig Workers in Hawaii

Whether 1099 contractors, gig workers and the self-employed can collect unemployment in Hawaii, and what misclassified workers can do.

Short answer: Services performed for wages or under a contract of hire count as employment for unemployment purposes, whether or not a common-law employer relationship exists, unless it is shown to the Department of Labor and Industrial Relations that the worker (1) is free from control or direction… Haw. Rev. Stat. § 383-6

Self-employed, 1099 and gig workersServices performed for wages or under a contract of hire count as employment for unemployment purposes, whether or not a common-law employer relationship exists, unless it is shown to the Department of Labor and Industrial Relations that the worker (1) is free from control or direction, both under the contract and in fact, (2) works outside the usual course of the business or outside all its places of business, and (3) is customarily engaged in an independent trade or business of the same kind.

Where to get help in Hawaii

More Hawaii unemployment benefits

FAQ

Can self-employed or gig workers get unemployment in Hawaii?
Services performed for wages or under a contract of hire count as employment for unemployment purposes, whether or not a common-law employer relationship exists, unless it is shown to the Department of Labor and Industrial Relations that the worker (1) is free from control or direction, both under the contract and in fact, (2) works outside the usual course of the business or outside all its places of business, and (3) is customarily engaged in an independent trade or business of the same kind.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.