Bill Text: HI HB1087 | 2024 | Regular Session | Amended
Bill Title: Relating To The Wage And Hour Law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2024-03-25 - Received notice of discharge of all conferees (Hse. Com. No. 457). [HB1087 Detail]
Download: Hawaii-2024-HB1087-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1087 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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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 narrow exemptions in title 29 Code of Federal Regulations part 541 (Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer and Outside Sales Employees) 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 that include 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 amend the definition of "employee" in Hawaii's wage and hour law by repealing the definition's categorical exclusion of any employee who receives guaranteed compensation totaling $2,000 or more a month.
""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)] 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,] sibling, sibling‑in‑law,
child, 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]
those products [prior to] before 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] that the individual is a student attending [such] the
school;
[(12)] (11) In any capacity if by reason of the
employee's employment, in [such] that capacity and during
the term thereof, the minimum wage [which] that may be
paid to the employee or maximum hours [which] that 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] that may be paid to 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]
employee for [such] that 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] the employee for [such] that
workweek; except that the employee's regular rate in [such an] that
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 June 30, 3000.
Report Title:
Wage and Hour Law; Employee; Guaranteed Compensation; Employer Recordkeeping
Description:
Amends the definition of "employee" in Hawaii's wage and hour law by repealing the definition's categorical exclusion of any employee who receives guaranteed compensation totaling $2,000 or more a month. Effective 6/30/3000. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
