Hawaii 2024 Regular Session

Hawaii Senate Bill SB2941 Compare Versions

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

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1	1	THE SENATE S.B. NO. 2941 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to unemployment benefits rights. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2941
4	4	THIRTY-SECOND LEGISLATURE, 2024
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to unemployment benefits rights.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§89- Unemployment benefits rights. (a) The accumulation of unemployment benefit rights by a claimant shall be suspended for a period of two consecutive weeks, beginning the day after a claimant is unemployed because of a strike or other industrial controversy in the claimant's employment establishment; provided that benefit rights may be accumulated before the expiration of the two-week suspension, beginning the day after the strike or other industrial controversy was terminated. (b) Benefits shall not be suspended under this section if: (1) The employer hires a permanent replacement worker for the claimant's position; provided that a replacement worker shall be presumed to be permanent unless the employer certifies in writing that the claimant will be able to return to the claimant's prior position upon conclusion of the strike; provided further that the strike terminates prior to the conclusion of the claimant's eligibility for benefit rights under subsection (a). In the event the employer does not allow the claimant to return after certifying that the claimant will be able to return, the claimant shall be entitled to recover any benefits lost as a result of the two-week suspension of benefits, and the board may impose a penalty upon the employer of up to $750 per employee, per week of benefits lost; (2) The board determines that the claimant: (A) Is not employed by an employer that is involved in the industrial controversy that caused the claimant's unemployment and is not participating in the industrial controversy; or (B) Is not in a bargaining unit involved in the industrial controversy that caused the claimant's unemployment and is not participating in the industrial controversy. (c) No days or weeks of total or partial unemployment benefit payments shall occur in any week that a claimant has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the federal government, except if the appropriate agency of another state or the federal government determines that the claimant is not entitled to unemployment benefits. (d) No waiting period for unemployment benefits shall be served during a suspension period. The suspension of accumulation of benefit rights shall not: (1) Be terminated by subsequent employment of the claimant, irrespective of when the claim is filed, except as provided in subsection (b)(1); and (2) Be confined to a single benefit year. (e) For the purposes of this section, "industrial controversy" means any dispute arising between a worker and an employer or trade union with respect to application of a law, collective bargaining agreement, work rules, employment contract, customary rules, or any disagreement arising during collective bargaining or in connection with a collective bargaining agreement. "Industrial controversy" includes: (1) Concerted activity not authorized or sanctioned by the recognized or certified bargaining agent of the claimant; and (2) Concerted activity conducted in violation of any existing collective bargaining agreement. "Industrial controversy" does not include employer lockouts." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§89- Unemployment benefits rights. (a) The accumulation of unemployment benefit rights by a claimant shall be suspended for a period of two consecutive weeks, beginning the day after a claimant is unemployed because of a strike or other industrial controversy in the claimant's employment establishment; provided that benefit rights may be accumulated before the expiration of the two-week suspension, beginning the day after the strike or other industrial controversy was terminated.
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53	53	(b) Benefits shall not be suspended under this section if:
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55	55	(1) The employer hires a permanent replacement worker for the claimant's position; provided that a replacement worker shall be presumed to be permanent unless the employer certifies in writing that the claimant will be able to return to the claimant's prior position upon conclusion of the strike; provided further that the strike terminates prior to the conclusion of the claimant's eligibility for benefit rights under subsection (a). In the event the employer does not allow the claimant to return after certifying that the claimant will be able to return, the claimant shall be entitled to recover any benefits lost as a result of the two-week suspension of benefits, and the board may impose a penalty upon the employer of up to $750 per employee, per week of benefits lost;
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57	57	(2) The board determines that the claimant:
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59	59	(A) Is not employed by an employer that is involved in the industrial controversy that caused the claimant's unemployment and is not participating in the industrial controversy; or
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61	61	(B) Is not in a bargaining unit involved in the industrial controversy that caused the claimant's unemployment and is not participating in the industrial controversy.
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63	63	(c) No days or weeks of total or partial unemployment benefit payments shall occur in any week that a claimant has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the federal government, except if the appropriate agency of another state or the federal government determines that the claimant is not entitled to unemployment benefits.
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65	65	(d) No waiting period for unemployment benefits shall be served during a suspension period. The suspension of accumulation of benefit rights shall not:
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67	67	(1) Be terminated by subsequent employment of the claimant, irrespective of when the claim is filed, except as provided in subsection (b)(1); and
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69	69	(2) Be confined to a single benefit year.
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71	71	(e) For the purposes of this section, "industrial controversy" means any dispute arising between a worker and an employer or trade union with respect to application of a law, collective bargaining agreement, work rules, employment contract, customary rules, or any disagreement arising during collective bargaining or in connection with a collective bargaining agreement. "Industrial controversy" includes:
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73	73	(1) Concerted activity not authorized or sanctioned by the recognized or certified bargaining agent of the claimant; and
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75	75	(2) Concerted activity conducted in violation of any existing collective bargaining agreement.
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77	77	"Industrial controversy" does not include employer lockouts."
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79	79	SECTION 2. New statutory material is underscored.
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81	81	SECTION 3. This Act shall take effect upon its approval.
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85	85	INTRODUCED BY: _____________________________
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95	95	Report Title: Unemployment Benefits Rights; Hawaii Labor Relations Board; Collective Bargaining; Public Employment Description: Establishes provisions for unemployment benefit rights when claimants are unemployed due to a strike or industrial controversy. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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103	103	Report Title:
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105	105	Unemployment Benefits Rights; Hawaii Labor Relations Board; Collective Bargaining; Public Employment
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109	109	Description:
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111	111	Establishes provisions for unemployment benefit rights when claimants are unemployed due to a strike or industrial controversy.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.