Independent Contractor Test in Hawaii

Hawaii uses the ABC test for unemployment insurance: a worker is an employee unless free from control, the work is outside the usual course or places of business, and the worker has an independent trade.

Last checked October 2026. General information, not legal advice.

Test for unemployment insurance: ABC test; Free from control, work outside usual course or places of business, independent trade
ABC test for unemployment: Yes

Sources

Haw. Rev. Stat. 383-6 (Hawaii Legislature)

Last checked October 2026

The rules in Hawaii

Which test does Hawaii use to classify independent contractors for unemployment insurance?

Test for unemployment insurance in Hawaii: ABC test. Free from control, work outside usual course or places of business, independent trade.

Does Hawaii apply the ABC test for unemployment insurance?

Yes. ABC test for unemployment in Hawaii: yes.

Where do the Hawaii independent contractor tests come from?

The rules above come from Haw. Rev. Stat. 383-6. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Write down how the working relationship actually operates: who sets the hours, who supplies tools, whether the worker serves other clients and whether the work is part of the business's usual line of work. These facts drive every classification test, and a written independent contractor agreement helps only if it matches them.

Check each law separately. A worker can be a contractor under one statute and an employee under another, because wage laws, unemployment insurance, workers' compensation and tax rules may each use their own test. Federal law also applies its own tests alongside the state rules.

Misclassification can lead to back wages, unpaid unemployment contributions, interest and penalties. If a role is close to the line, read the statute and agency guidance for the state where the work is performed, or ask the state labor or unemployment agency how it applies its test.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.