Bill Text: HI HB685 | 2016 | Regular Session | Introduced
Bill Title: Employment; Layoffs; Notification
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-01-29 - The committee(s) on LAB recommend(s) that the measure be deferred. [HB685 Detail]
Download: Hawaii-2016-HB685-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
685 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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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. Section 394B-9, Hawaii Revised Statutes, is amended to read as follows:
"§394B-9 Notification; penalty. (a) Except as otherwise provided in this section, any employer or any other individual or entity that employs paid employees on a non-temporary basis shall provide to each employee written notification of any employment layoff at least thirty days prior to its occurrence; provided that this requirement shall not apply when a layoff is the result of lawful disciplinary action taken against an employee.
[(a)] (b) An employer in a
covered establishment shall provide to each employee and the director written
notification of a closing, divestiture, partial closing, or relocation at least
sixty days prior to its occurrence.
[(b)] (c) An employer or any other
individual or entity that employs paid employees on a non-temporary basis and
that violates this section shall be liable to each affected employee for an
amount equal to back pay and benefits for the period of violation not to exceed
sixty days. This liability may be reduced by any:
(1) Wages the employer pays during the notice period; and
(2) Voluntary and unconditional payment not required by a legal obligation.
[(c)] (d) An employer of a
covered establishment that is actively seeking a buyer for a sale, transfer,
or merger shall not be required to provide the notice required under subsection
[(a)] (b) until the employer has entered into a binding agreement
for the sale, transfer, or merger of the covered establishment that results in
a divestiture.
[(d)] (e) An employer or any other individual or
entity that employs paid employees on a non-temporary basis and [who]
that fails to provide notice under this section shall be subject to a
civil penalty not to exceed $500 for each day of the violation and the amount
shall be deposited in the employment and training fund under section 383-128;
provided that the employer may avoid the penalty if the employer satisfies its
liability to each affected employee within three weeks after the layoff or
closing. In any suit, the court, in its discretion, may award the prevailing
party reasonable attorney's fees and costs.
[(e)] (f) The department shall
enforce this section and shall have all the powers and duties conferred and
imposed upon it pursuant to section 371-12."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2015.
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INTRODUCED BY: |
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Report Title:
Employment; Layoffs; Notification
Description:
Requires all entities and individuals that employ employees on a non-temporary basis to provide notice to employees at least thirty days in advance of any planned layoff. Subjects violators to civil penalties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
