Bill Text: HI SB2941 | 2024 | Regular Session | Introduced
Bill Title: Relating To Unemployment Benefits Rights.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced) 2024-01-24 - Referred to LBT, JDC/WAM. [SB2941 Detail]
Download: Hawaii-2024-SB2941-Introduced.html
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THE SENATE |
S.B. NO. |
2941 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to unemployment benefits rights.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§89- Unemployment benefits rights. (a) The accumulation of
unemployment benefit rights by a claimant shall be suspended for a period of
two consecutive weeks, beginning the day after a claimant is unemployed because
of a strike or other industrial controversy in the claimant's employment
establishment; provided that benefit rights may be accumulated before the
expiration of the two-week suspension, beginning the day after the strike or
other industrial controversy was terminated.
(b) Benefits shall not be
suspended under this section if:
(1) The employer hires a permanent
replacement worker for the claimant's position; provided that a replacement
worker shall be presumed to be permanent unless the employer certifies in
writing that the claimant will be able to return to the claimant's prior
position upon conclusion of the strike; provided further that the strike
terminates prior to the conclusion of the claimant's eligibility for benefit
rights under subsection (a). In the
event the employer does not allow the claimant to return after certifying that
the claimant will be able to return, the claimant shall be entitled to recover
any benefits lost as a result of the two-week suspension of benefits, and the board
may impose a penalty upon the employer of up to $750 per employee, per week of
benefits lost;
(2) The board determines that the claimant:
(A) Is not employed by an employer that
is involved in the industrial controversy that caused the claimant's unemployment
and is not participating in the industrial controversy; or
(B) Is not in a bargaining unit involved
in the industrial controversy that caused the claimant's unemployment and is
not participating in the industrial controversy.
(c) No days or weeks of total or partial unemployment
benefit payments shall occur in any week that a claimant has received or is
seeking unemployment benefits under an unemployment compensation law of another
state or of the federal government, except if the appropriate agency of another
state or the federal government determines that the claimant is not entitled to
unemployment benefits.
(d) No waiting period for unemployment benefits shall
be served during a suspension period.
The suspension of accumulation of benefit rights shall not:
(1) Be terminated by subsequent
employment of the claimant, irrespective of when the claim is filed, except as
provided in subsection (b)(1); and
(2) Be confined to a single benefit
year.
(e) For the purposes of this section, "industrial
controversy" means any dispute arising between a worker and an employer or
trade union with respect to application of a law, collective bargaining agreement,
work rules, employment contract, customary rules, or any disagreement arising
during collective bargaining or in connection with a collective bargaining agreement. "Industrial controversy" includes:
(1) Concerted activity not authorized or
sanctioned by the recognized or certified bargaining agent of the claimant; and
(2) Concerted activity conducted in
violation of any existing collective bargaining agreement.
"Industrial
controversy" does not include employer lockouts."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Unemployment Benefits Rights; Hawaii Labor Relations Board; Collective Bargaining; Public Employment
Description:
Establishes provisions for unemployment benefit rights when claimants are unemployed due to a strike or industrial controversy.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
