Bill Text: HI SB1121 | 2016 | Regular Session | Amended
Bill Title: Public Works Law; Complaints; Investigations; Filing; Claim
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB1121 Detail]
Download: Hawaii-2016-SB1121-Amended.html
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THE SENATE |
S.B. NO. |
1121 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WAGES AND HOURS ON PUBLIC WORKS LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 104-22, Hawaii Revised Statutes, is amended to read as follows:
"§104-22 Investigation; penalties. (a) The department may conduct investigations to determine compliance with this chapter. The department may enter the job site, examine records of any contractor, either during or after the performance of any contract, or subpoena the records. The department may also interview employees during working hours on the job.
(b) If any contractor interferes with or delays any investigation by the department, the governmental contracting agency, on receipt of written notice from the director of the interference or delay, shall withhold from the contractor all further payments until the director has notified the governmental contracting agency in writing that the interference or delay has ceased. Interference or delay includes failure to provide requested records under section 104-3; failure to allow employees to be interviewed during working hours on the job; and falsification of records required under this chapter. The department shall assess a penalty of $10,000 per project for interference or delay. For each day thereafter that the employer fails to cooperate, the director shall assess a penalty of $1,000 per project.
(c) The names of all complainants shall be withheld from the employer unless prior permission is given by the complainant to release the complainant's name."
SECTION 2. Section 104-28, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) When a written request is filed by any laborer or mechanic with the director claiming unpaid wages or overtime compensation under this chapter the director, after receiving an assignment from the laborer or mechanic, may bring an action in any court of competent jurisdiction to recover the amount of the claim. The consent of any laborer or mechanic to the bringing of such action by the director, unless the action is dismissed without prejudice on motion of the director, shall constitute a waiver by the laborer or mechanic of any right of action the laborer or mechanic may have under subsection (a). Any amount recovered by the director before suit and accepted by the laborer or mechanic as payment in full shall constitute a waiver of any rights under this chapter. No written request shall be accepted by the director after the expiration of three years from the date the wages or overtime compensation are due and payable. The scope of the investigation by the director shall be limited to the three-year period preceding the filing of the written request."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act, upon its approval, shall take effect on January 7, 2059.
Report Title:
Public Works Law; Complaints; Investigations; Filing; Claim
Description:
Requires laborers and mechanics working on public works to file complaints within three years of the date the payment was due and ensure confidentiality of the complainant. Effective January 7, 2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
