Hawaii 2024 Regular Session

Hawaii Senate Bill SB43 Compare Versions

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

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1	1	THE SENATE S.B. NO. 43 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT Relating to employment. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 43
4	4	THIRTY-SECOND LEGISLATURE, 2023
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	43
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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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 employment.
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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. The legislature finds that employers have a duty to pay their employees on time. In 2017, former Governor Ige signed Act 135, Session Laws of Hawaii 2017 (Act 135), into state law, which established how and when employees are to be paid. Under Act 135, an employer that fails to pay wages within the seven days after the end of a pay period may be ordered to pay an administrative penalty of at least $500, in addition to back pay and a damage award equal to the amount of unpaid wages and interest at a rate of six percent per year from the date that the wages were due. The legislature finds that the State and Counties should hold themselves to the same standard. The purpose of this Act is to increase the accountability of state and county employers with respect to the timely payment of wages to their employees. SECTION 2. Section 388-1, Hawaii Revised Statutes, is amended by amending the definition of "employer" to read as follows: ""Employer" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include [the State or any political subdivision thereof or] the United States[.]; provided that the term includes the State and any political subdivision thereof when a provision of this chapter has no comparable provision in chapter 78." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that employers have a duty to pay their employees on time. In 2017, former Governor Ige signed Act 135, Session Laws of Hawaii 2017 (Act 135), into state law, which established how and when employees are to be paid. Under Act 135, an employer that fails to pay wages within the seven days after the end of a pay period may be ordered to pay an administrative penalty of at least $500, in addition to back pay and a damage award equal to the amount of unpaid wages and interest at a rate of six percent per year from the date that the wages were due. The legislature finds that the State and Counties should hold themselves to the same standard.
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51	51	The purpose of this Act is to increase the accountability of state and county employers with respect to the timely payment of wages to their employees.
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53	53	SECTION 2. Section 388-1, Hawaii Revised Statutes, is amended by amending the definition of "employer" to read as follows:
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55	55	""Employer" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual or the receiver, trustee, or successor of any of the same, employing any person, but shall not include [the State or any political subdivision thereof or] the United States[.]; provided that the term includes the State and any political subdivision thereof when a provision of this chapter has no comparable provision in chapter 78."
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57	57	SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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59	59	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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61	61	SECTION 5. This Act shall take effect upon its approval.
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65	65	INTRODUCED BY: _____________________________
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67	67	INTRODUCED BY:
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87	87	Report Title: Employment; State and County Employers; Payment of Wages Description: Amends the definition of "employer" in chapter 388, Hawaii Revised Statutes, relating to wages and other compensation to include the State and counties when a provision in that chapter has no comparable provision in chapter 78, Hawaii Revised Statutes, relating to public officers and employees. 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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95	95	Employment; State and County Employers; Payment of Wages
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99	99	Description:
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101	101	Amends the definition of "employer" in chapter 388, Hawaii Revised Statutes, relating to wages and other compensation to include the State and counties when a provision in that chapter has no comparable provision in chapter 78, Hawaii Revised Statutes, relating to public officers and employees.
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109	109	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.