Bill Text: HI SB648 | 2020 | Regular Session | Introduced
Bill Title: Relating To Fair Scheduling.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB648 Detail]
Download: Hawaii-2020-SB648-Introduced.html
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THE SENATE |
S.B. NO. |
648 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FAIR SCHEDULING.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that providing advance notice of work schedules and any schedule changes allows employees to have more stability in their lives, including the ability to earn additional income when working more than one job. More than one in four low-wage employees have nonstandard work schedules and about half report having little or no control over the timing of their work hours, according to the National Women's Law Center. Furthermore, many low-wage jobs often do not guarantee a minimum number of hours, expect open availability based on the employer's needs, and require working outside of 6:00 a.m. to 6:00 p.m. on weekdays.
The legislature further finds that scheduling practices known as fair scheduling can make a real difference in the lives of working people, especially for working parents and caregivers. Several jurisdictions in the United States have enacted fair scheduling legislation, including statewide requirements in Oregon and citywide requirements in Seattle and New York City. In addition, many more jurisdictions are considering legislation to help employees obtain predictable work schedules.
The purpose of this Act is to require Hawai‘i employers to engage in fair scheduling practices.
SECTION 2. Chapter 387, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§387- Fair scheduling; advance notice of work
schedule. (a) Every employer shall provide each employee
with written notice of the employee's shift schedule at least ten calendar days
before the employee is scheduled to work.
(b) Every employer shall pay an employee an
amount equal to two times the employee's regular rate of pay for any time
worked where the employee was not provided with ten calendar days written
notice. This subsection shall not apply
when the employee is the employer's brother, sister, brother-in-law,
sister-in-law, son, daughter, spouse, parent, or parent-in-law.
(c) Notwithstanding
any law to the contrary, this section shall not be construed to affect any
employer or employee right under an existing collective bargaining agreement.
(d) For the purposes of this section and
notwithstanding section 387-1:
"Employee" includes any
person suffered or permitted to work.
"Employer" includes any
individual, partnership, association, corporation, business trust, legal
representative, or any organized group of persons acting directly or indirectly
in the interest of an employer in relation to an employee."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2019.
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INTRODUCED BY: |
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Report Title:
Fair Scheduling; Work Schedule; Notice; Employee; Employer
Description:
Requires employers to provide employees with written notice of the employee's shift schedule at least ten calendar days before the employee is scheduled to work, under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
