Bill Text: HI SB1385 | 2024 | Regular Session | Amended
Bill Title: Relating To The Wage And Hour Law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-12-11 - Carried over to 2024 Regular Session. [SB1385 Detail]
Download: Hawaii-2024-SB1385-Amended.html
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THE SENATE |
S.B. NO. |
1385 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE WAGE AND HOUR LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Federal and state laws provide some exemptions that are similar such as the exemptions in Title 29 Code of Federal Regulations part 541 (Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees) that provides narrow exemptions for certain employees including those employed in bona fide executive, administrative, and professional capacities. Hawaii's corresponding law, chapter 387, Hawaii Revised Statutes, provides similar exemptions including those employed in bona fide executive, administrative, and professional capacities.
However, Hawaii's law also exempts any employee paid at a guaranteed compensation of $2,000 or more a month. These workers are not protected by minimum wage and overtime rates and their employers are not subject to the recordkeeping provisions of Hawaii's wage and hour law.
Accordingly, the purpose of this Act is to provide minimum wage and overtime protections to these workers and subject their employers to the recordkeeping provisions of the law by eliminating the exclusion of employees who receive guaranteed compensation totaling $2,000 or more a month from the definition of employee in Hawaii's wage and hour law.
""Employee" includes any individual employed by an
employer, but shall not include any individual employed:
[(1) At a guaranteed compensation totaling $2,000
or more a month, whether paid weekly, biweekly, or monthly;
(2)] (1)
In agriculture for any workweek in which the employer of the individual
employs less than twenty employees or in agriculture for any workweek in which
the individual is engaged in coffee harvesting;
[(3)] (2)
In or about the home of the individual's employer:
(A) In domestic service on a casual basis; or
(B) Providing companionship services for the aged or infirm;
[(4)] (3)
As a house parent in or about any home or shelter maintained for child
welfare purposes by a charitable organization exempt from income tax under
section 501 of the federal Internal Revenue Code;
[(5)] (4)
By the individual's brother, sister, brother-in-law, sister-in-law, son,
daughter, spouse, parent, or parent-in-law;
[(6)] (5)
In a bona fide executive, administrative, supervisory, or professional
capacity or in the capacity of outside salesperson or as an outside collector;
[(7)] (6)
In the propagating, catching, taking, harvesting, cultivating, or
farming of any kind of fish, shellfish, crustacean, sponge, seaweed, or other
aquatic forms of animal or vegetable life, including the going to and returning
from work and the loading and unloading of such products prior to first
processing;
[(8)] (7)
On a ship or vessel and who has a Merchant Mariners Document issued by
the United States Coast Guard;
[(9)] (8)
As a driver of a vehicle carrying passengers for hire operated solely on
call from a fixed stand;
[(10)] (9)
As a golf caddy;
[(11)] (10)
By a nonprofit school during the time such individual is a student
attending such school;
[(12)] (11)
In any capacity if by reason of the employee's employment in such
capacity and during the term thereof the minimum wage which may be paid the
employee or maximum hours which the employee may work during any workweek
without the payment of overtime, are prescribed by the federal Fair Labor
Standards Act of 1938, as amended, or as the same may be further amended from
time to time; provided that if the minimum wage which may be paid the employee
under the Fair Labor Standards Act for any workweek is less than the minimum
wage prescribed by section 387-2, then section 387-2 shall apply in respect to
the employees for such workweek; provided further that if the maximum workweek
established for the employee under the Fair Labor Standards Act for the
purposes of overtime compensation is higher than the maximum workweek
established under section 387-3, then section 387-3 shall apply in respect to
such employee for such workweek; except that the employee's regular rate in
such an event shall be the employee's regular rate as determined under the Fair
Labor Standards Act;
[(13)] (12)
As a seasonal youth camp staff member in a resident situation in a youth
camp sponsored by charitable, religious, or nonprofit organizations exempt from
income tax under section 501 of the federal Internal Revenue Code or in a youth
camp accredited by the American Camping Association; or
[(14)] (13) As an automobile salesperson primarily engaged
in the selling of automobiles or trucks if employed by an automobile or truck
dealer licensed under chapter 437."
SECTION 3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 4. This Act shall take effect on January 1, 2050.
Report Title:
Wage and Hour Law; Employee; Guaranteed Compensation; Employer Recordkeeping
Description:
Expands the coverage of employees and employers covered under the minimum wage, overtime, and recordkeeping requirements of chapter 387, Hawaii Revised Statutes, by deleting from the definition of "employee" employees guaranteed a monthly compensation of $2,000 or more. Effective 1/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
