379-3 Advertising. (a) 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 that person or the person for whom that person is acting at any shop, plant, or establishment, while a labor dispute is still in active progress at the shop, plant, or establishment, that person shall plainly and explicitly mention in the advertisement or solicitation that a labor dispute exists.

(b) The person soliciting or advertising for employees in the manner set forth in this section shall use in the advertisement or solicitation that person's own name, and, if that person is representing another, the name of the person that person 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; am L 2016, c 55, 6]

 

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 (2000), amended, 103 F. Supp. 2d 1233 (2000).

 

 

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