Hawaii 2023 Regular Session

Hawaii House Bill HR52

Introduced
3/8/23  

Caption

Requesting The Legislative Reference Bureau To Conduct A Study On Strengthening Labor Protections For Gig Workers In The State.

Impact

The bill highlights concerns regarding existing labor laws, many of which were established decades ago and do not adequately address the current realities of the gig economy. Specifically, the study will consider the implications of misclassification where workers labeled as independent contractors may actually be entitled to benefits reserved for employees. The proposed study aligns with efforts in other states, such as California's Assembly Bill No. 5, which provides a framework for determining whether a worker is an independent contractor based on specific criteria, potentially setting a precedent for similar reforms in Hawaii.

Summary

House Resolution 52 (HR52) is a legislative proposal requesting the Legislative Reference Bureau to conduct a study aimed at strengthening labor protections for gig workers in Hawaii. The bill acknowledges the increasing prevalence of gig work, noting that approximately ten percent of the national workforce were independent contractors as of 2017. This trend has likely continued with the rise of online platforms for obtaining services, underscored by the significant participation of Americans in gig work during the COVID-19 pandemic.

Reporting

The bill's enactment would require the Legislative Reference Bureau to analyze and report on findings that include recommendations for potential legislative action within a specified timeframe, emphasizing the need for timely response to the rapidly evolving gig economy.

Contention

Notably, opponents of current gig worker classifications argue that misclassifications not only strip workers of benefits such as social security, unemployment insurance, and the right to collectively bargain but also create an uneven playing field for businesses. The study suggested by HR52 aims to examine these issues in depth, seeking to produce a comprehensive report by the start of Hawaii's 2024 legislative session. This might lead to proposed legislation with the potential to reshape labor laws in the state to better protect gig workers.

Companion Bills

HI HCR48

Same As Requesting The Legislative Reference Bureau To Conduct A Study On Strengthening Labor Protections For Gig Workers In The State.

Similar Bills

CA AB334

Public contracts: conflicts of interest.

IL SB2279

INDEPENDENT CONTRACTOR PAYMENT

CA SB238

Worker status: factors for determination of employee status.

CA AB2496

Janitorial employees: employment status: burden of proof.

CA AB71

Employment standards: independent contractors and employees.

CA SB1423

Worker classification.

NV AB521

Revises provisions relating to the protection of children. (BDR 40-1099)

LA SB339

Limits the liability of employers and premises owners for the conduct of certain employees who have been convicted of certain crimes. (8/1/14)