Hawaii-2023-HCR58-Amended

WHEREAS, the Department of Labor and Industrial Relations maintains responsibility for the regulation and maintenance of employment for minors under the age of eighteen pursuant to chapter 390, Hawaii Revised Statutes; and

WHEREAS, only fifty-one percent of Hawaii’s public school graduates from the class of 2021 went on to post-secondary education in the first fall after graduation, leaving nearly half of Hawaii's youth in need of post-secondary plans; and

WHEREAS, high school graduates with no post-secondary plans traditionally struggle to enjoy the same economic gains, quality of life, and general levels of success as high school graduates who enroll in and complete post-secondary education or certified post-secondary apprenticeship programs within four years of graduation from a secondary education institution; and

WHEREAS, only a small subset of Hawaii's youth have access to fulfilling, hands-on work-based learning opportunities with compensation; and

WHEREAS, positive work-based learning experiences have been shown to improve college-going rates and educational outcomes, particularly for at-risk and disadvantaged youth who are statistically less likely to make formal plans for careers or education after completing their secondary education; and

WHEREAS, resources exist across the State for students to participate in public and private work-based learning opportunities; and

WHEREAS, there is a need for the Department of Labor and Industrial Relations to implement systems that make work-based learning more accessible to Hawaii's youth; and

WHEREAS, the State has the responsibility to ensure that all of its policies and procedures are ready and waiting to meet the needs of a high-leverage, statewide work-based learning program for Hawaii's youth; and

WHEREAS, the State must continue to protect the safety and well-being of its youth in any workplace; and

WHEREAS, the United States Department of Labor does not require states to issue employment certificates or age certifications for minors engaging in work; and

WHEREAS, thirty states do not require the issuance of an employment certificate and age certification for a minor engaging in work; and

WHEREAS, unlike those other states, Hawaii currently requires an employment certificate and age certification for a minor engaging in work; and

WHEREAS, revisiting and studying Hawaii's current requirements are important to set a foundation for collective action, public- and private-sector partnerships, and other means of promoting work-based learning opportunities and labor standards that protect youth, provide students with an ample choice of industries in which to gain experience, and ensure streamlined processes that enable more employers to offer experiences to students; now, therefore,

BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the Senate concurring, that the Department of Labor and Industrial Relations is requested to complete a comparative study of its policies on youth employment and federal requirements for youth employment under the Fair Labor Standards Act and examine policies that will broaden work-based learning opportunities for students; and

BE IT FURTHER RESOLVED that in conducting its comparative study, the Department of Labor and Industrial Relations is requested to report on:

(1) How states with less certification requirements, including Arizona, Kentucky, and Oregon, are able to ensure access to and oversight of work-based learning for minors;

(2) Whether current state youth employment permitting requirements create any barriers to expanded work-based learning opportunities for youth;

(3) The anticipated actions needed by the State to transition its youth employment policies so that they do not impose requirements that exceed the federal minimum for youth employment under the Fair Labor Standards Act; and

(4) What practices and policies would enable the State to streamline access to work-based learning opportunities that provide students with advantages in the Hawaii job market; and

BE IT FURTHER RESOLVED that the Department of Labor and Industrial Relations is requested to submit its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and

BE IT FURTHER RESOLVED that the Department of Labor and Industrial Relations is encouraged to work with partners, such as Hawaii P-20 and Chamber of Commerce Hawaii, for additional research capacity and support, if needed; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; Director of Labor and Industrial Relations; Director of Business, Economic Development, and Tourism; Executive Director of the Workforce Development Council; Superintendent of Education; and President of the University of Hawaii.

Report Title:

Youth Employment; DLIR; FLSA; Comparative Study

HOUSE OF REPRESENTATIVES	H.C.R. NO.	58
THIRTY-SECOND LEGISLATURE, 2023		S.D. 1
STATE OF HAWAII