Hawaii 2024 Regular Session

Hawaii Senate Bill SB2610 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 2610 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT Relating to Overtime. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 2610
4	4	THIRTY-SECOND LEGISLATURE, 2024
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	2610
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2024
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	Relating to Overtime.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Section 387-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "§387-3 Maximum hours. (a) No employer shall, except as otherwise provided in this section, employ any employee for [a]: (1) A workweek longer than forty hours unless the employee receives overtime compensation for the employee's employment in excess of [the hours above specified] forty hours in the workweek at a rate not less than one and one-half times the regular rate at which the employee is employed[.]; or (2) A workday longer than eight hours for more than six days in any workweek unless the employee receives overtime compensation at a rate not less than: (A) One and one-half times the regular rate at which the employee is employed for the employee's employment in excess of eight hours up to and including twelve hours in a workday, and for the first eight hours worked on the seventh consecutive day of the workweek; and (B) Double the regular rate at which the employee is employed for the employee's employment in excess of twelve hours in a workday, and for all hours worked in excess of eight hours on the seventh consecutive day of the workweek. For the purposes of this section[[]:[]] (1) "Employee" has the same meaning as defined in section 387-1; provided that "employee" shall include a minor who has attained the age of sixteen years but not eighteen years and satisfies the conditions of section 390-2(b); (2) "Employer" means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party member, temporary services, or staffing agency, independent contractor, or any similar entity, at any time in the prior twelve months, employees or exercises control over the wages, hours, or working conditions of fifty or more employees at a single business establishment; [(1)] (3) "Salary" means a predetermined wage, exclusive of the reasonable cost of board, lodging, or other facilities, at which an employee is employed each pay period; and [(2)] (4) If an employee performs two or more different kinds of work for the same employer, the total earnings for all such work for the pay period shall be considered to have been earned for performing one kind of work. (b) The regular rate of an employee who is employed on a salary shall be computed as follows: (1) If the employee is employed on a daily salary, the daily salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by eight; [(1)] (2) If the employee is employed on a weekly salary, the weekly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by forty[.]; [(2)] (3) If the employee is employed on a biweekly salary, the biweekly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by two and the quotient divided by forty[.]; [(3)] (4) If the employee is employed on a semi-monthly salary, the semi-monthly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be multiplied by twenty-four, the product divided by fifty-two and the quotient divided by forty[.]; and [(4)] (5) If the employee is employed on a monthly salary, the monthly salary and the reasonable cost of board, lodging, or other facilities if furnished to the employee, shall be multiplied by twelve, the product divided by fifty-two and the quotient divided by forty." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Section 387-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
50	50
51	51	"§387-3 Maximum hours. (a) No employer shall, except as otherwise provided in this section, employ any employee for [a]:
52	52
53	53	(1) A workweek longer than forty hours unless the employee receives overtime compensation for the employee's employment in excess of [the hours above specified] forty hours in the workweek at a rate not less than one and one-half times the regular rate at which the employee is employed[.]; or
54	54
55	55	(2) A workday longer than eight hours for more than six days in any workweek unless the employee receives overtime compensation at a rate not less than:
56	56
57	57	(A) One and one-half times the regular rate at which the employee is employed for the employee's employment in excess of eight hours up to and including twelve hours in a workday, and for the first eight hours worked on the seventh consecutive day of the workweek; and
58	58
59	59	(B) Double the regular rate at which the employee is employed for the employee's employment in excess of twelve hours in a workday, and for all hours worked in excess of eight hours on the seventh consecutive day of the workweek.
60	60
61	61	For the purposes of this section[[]:[]]
62	62
63	63	(1) "Employee" has the same meaning as defined in section 387-1; provided that "employee" shall include a minor who has attained the age of sixteen years but not eighteen years and satisfies the conditions of section 390-2(b);
64	64
65	65	(2) "Employer" means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party member, temporary services, or staffing agency, independent contractor, or any similar entity, at any time in the prior twelve months, employees or exercises control over the wages, hours, or working conditions of fifty or more employees at a single business establishment;
66	66
67	67	[(1)] (3) "Salary" means a predetermined wage, exclusive of the reasonable cost of board, lodging, or other facilities, at which an employee is employed each pay period; and
68	68
69	69	[(2)] (4) If an employee performs two or more different kinds of work for the same employer, the total earnings for all such work for the pay period shall be considered to have been earned for performing one kind of work.
70	70
71	71	(b) The regular rate of an employee who is employed on a salary shall be computed as follows:
72	72
73	73	(1) If the employee is employed on a daily salary, the daily salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by eight;
74	74
75	75	[(1)] (2) If the employee is employed on a weekly salary, the weekly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by forty[.];
76	76
77	77	[(2)] (3) If the employee is employed on a biweekly salary, the biweekly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be divided by two and the quotient divided by forty[.];
78	78
79	79	[(3)] (4) If the employee is employed on a semi-monthly salary, the semi-monthly salary and the reasonable cost of board, lodging, or other facilities, if furnished to the employee, shall be multiplied by twenty-four, the product divided by fifty-two and the quotient divided by forty[.]; and
80	80
81	81	[(4)] (5) If the employee is employed on a monthly salary, the monthly salary and the reasonable cost of board, lodging, or other facilities if furnished to the employee, shall be multiplied by twelve, the product divided by fifty-two and the quotient divided by forty."
82	82
83	83	SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
84	84
85	85	SECTION 3. This Act shall take effect upon its approval.
86	86
87	87
88	88
89	89	INTRODUCED BY: _____________________________
90	90
91	91	INTRODUCED BY:
92	92
93	93	_____________________________
94	94
95	95
96	96
97	97
98	98
99	99	Report Title: Wage and Hour Law; Overtime Pay Description: Prohibits employers from employing employees for a workday longer than eight hours for more than 6 days in a workweek unless the employer pays the employee overtime pay at 1.5 times the employee's regular rate for hours worked in excess of 8 hours, and double the employee's regular pay rate for hours worked in excess of 12 hours in a workday. Extends the overtime pay requirements to certain minors who are sixteen and seventeen years of age. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
100	100
101	101
102	102
103	103
104	104
105	105	Report Title:
106	106
107	107	Wage and Hour Law; Overtime Pay
108	108
109	109
110	110
111	111	Description:
112	112
113	113	Prohibits employers from employing employees for a workday longer than eight hours for more than 6 days in a workweek unless the employer pays the employee overtime pay at 1.5 times the employee's regular rate for hours worked in excess of 8 hours, and double the employee's regular pay rate for hours worked in excess of 12 hours in a workday. Extends the overtime pay requirements to certain minors who are sixteen and seventeen years of age.
114	114
115	115
116	116
117	117
118	118
119	119
120	120
121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.