Bill Text: HI HB634 | 2014 | Regular Session | Amended
Bill Title: Employment; Worker Retention; Appropriation ($)
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Enrolled - Dead) 2014-02-19 - Received notice of discharge of conferees (Hse. Com. No. 41). [HB634 Detail]
Download: Hawaii-2014-HB634-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
634 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 394B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§394B- Worker retention in the event of a divestiture. (a) If a divestiture of a covered establishment occurs, the successor employer:
(1) Shall hire all incumbent non-supervisory and non-confidential employees, except as provided in this section;
(2) Shall not require incumbent employees to file employment applications with the successor employer to be considered for hire unless existing employee files are incomplete;
(3) May conduct pre-hire screening of the incumbent employees not prohibited by law, including but not limited to criminal conviction record checks executed in accordance with section 378-2.5 and substance abuse testing executed in accordance with chapter 329B; and
(4) May retain less than one hundred per cent of incumbent employees if:
(A) The business of the successor employer is substantially dissimilar to the former employer's business; or
(B) The human resource needs of the successor employer are reduced, resulting in the reduction of employees needed;
provided that the number of employees to be dislocated shall be in direct proportion to the reduction in the total human resource needs of the successor employer.
For the purposes of this subsection, "covered establishment" means any industrial, commercial, or other business entity that employed one hundred or more persons at any time in the preceding twelve-month period.
(b) This section shall not be construed to abrogate the right of the employer to manage the employer's employees.
(c) An employer found in violation of this section shall pay to compensate the dislocated employee for the difference between the employee's wages under the employee's former employer and the employee's unemployment insurance benefits received for the covered period.
(d) The director shall adopt rules in accordance with chapter 91 to carry out the purposes of this section."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2013-2014 and the same sum or so much thereof as may be necessary for fiscal year 2014-2015 to effectuate the purposes of this Act.
The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Employment; Worker Retention; Appropriation
Description:
Establishes job security requirements for certain employees upon the divestiture of a covered establishment if, among other things, the covered establishment employs one hundred or more persons. Makes an appropriation. Effective 07/01/50. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
