§379-3 - Advertising. - Hawaii Statutes

     §379-3  Advertising.  If any person advertises for, or seeks employees by means of newspapers, posters, letters, radio, television, or by means of any employment agency to work for him or the person for whom he is acting at any shop, plant, or establishment, while a labor dispute is still in active progress at the shop, plant, or establishment, he shall plainly and explicitly mention in the advertisement or solicitation that a labor dispute exists.

     The person soliciting or advertising for employees in the manner set forth herein shall use in the advertisement or solicitation his own name, and, if he is representing another, the name of the person he is representing and at whose direction and under whose authority the solicitation or advertisement is made.  The appearance of this name in connection with the advertisement or solicitation shall be deemed prima facie evidence as to the person responsible for the advertisement or solicitation. [L 1967, c 18, pt of §2; HRS §379-3]

 

Case Notes

 

  Section not preempted by federal law; among other things, requiring truthful advertising does not affect employer's ability to find replacements.  82 F. Supp. 2d 1151, amended, 103 F. Supp. 2d 1233.