Bill Text: HI SB2102 | 2018 | Regular Session | Introduced
Bill Title: Relating To Fair Treatment In The Workplace.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-01-22 - Referred to LBR/JDC, WAM. [SB2102 Detail]
Download: Hawaii-2018-SB2102-Introduced.html
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THE SENATE |
S.B. NO. |
2102 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fair treatment in the workplace.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 387-12, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Liability to employee. Any employer who violates any provision of sections 387-2 and 387-3 shall be liable to the employee or employees affected in the amount of their unpaid minimum wages or unpaid overtime compensation, and in case of wilful violation in an additional equal amount as liquidated damages. Any employer who discriminates in the payment of wages under section 387-4 shall be liable to the employee affected in the amount of the difference in wages, and in the case of discrimination as between the sexes in triple the difference in wages.
(c) Collection suits; attorney's fee;
assignments; relief from costs. Action
to recover such liability may be maintained in any court of competent
jurisdiction by any one or more employees for and in behalf of oneself or
themselves and other employees similarly situated, or the employee or employees
may designate an agent or representative to maintain action for and in behalf of
all employees similarly situated. The
court in such action shall, in addition to any judgment awarded to the
plaintiff or plaintiffs, in the event the plaintiff or plaintiffs prevail,
allow a reasonable attorney's fee to be paid by the defendant and costs of the
action. At the request of any person
paid less than the amount to which the person is entitled under this chapter,
the director may take an assignment in trust for the assigning employee of the
full amount to which the employee is entitled under this subsection and may
bring any legal action necessary to collect the claim, and the employer shall
be required to pay the costs and such reasonable attorney's fees as may be
allowed by the court in the event the director prevails. The director shall not be required to pay the
filing fee or other costs in connection with such action, including the
opposing party's attorney's fees and costs.
The director, in case of suit, may join various claimants against the
same employer in one cause of action.
The right provided by this subsection to bring an action by or on behalf
of any employee, and the right of any employee to become a party plaintiff to
any such action, shall terminate upon the filing of a complaint by the director
in an action in which restraint is sought of any further delay in the payment
of unpaid minimum wages, [or] the amount of unpaid overtime compensation,
or the difference in discriminatory wages owing to the employee under
section 387-2 [or], 387-3, or 387-4 by an employer liable
therefor under this section."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Employment; Fair Wages; Sex Discrimination; Civil Remedy
Description:
Establishes a civil cause of action against employers for employees who have been subject to wage discrimination, and allows employees who have been subject to wage discrimination on the basis of sex to seek treble damages.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
