Bill Text: HI HB2273 | 2020 | Regular Session | Amended

Hawaii House Bill 2273 (Prior Session Legislation)

Bill Title: Relating To Wages.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2020-07-02 - The committee on JDC deferred the measure. [HB2273 Detail]

Download: Hawaii-2020-HB2273-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2273
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO WAGES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that state labor laws should protect workers from employers who fail to pay their employees. Other states have recently increased penalties for employers who wilfully commit wage theft. In 2019, Minnesota passed the Wage Theft Prevention Act to create additional protections for workers, including adding criminal penalties for employers that commit this offense. Now, in Minnesota, an employer may be criminally charged based on the amount of money withheld from the employee. This escalating penalty scale is analogous to the various theft charges in which a stolen $10 item could result in a misdemeanor charge and a $1000 item could result in a felony charge.

In 2019, Colorado passed the Human Right to Work With Dignity Act, which reclassified the intentional nonpayment of over $2,000 in wages as a felony theft. The purpose of the Colorado law was to ensure accountability for unscrupulous employers who purposefully withhold wages, underpay workers, engage in tax fraud, and deny workers fair compensation and ultimately hurt the economy by undercutting the bids of lawful employers.

The legislature further finds that Hawaii should provide workers the same protections as Minnesota, Colorado, and other states that have increased penalties for employers who fail to pay their employees their lawfully earned wages.

Accordingly, the purpose of this Act is to increase the penalty for violation of wages and hours laws to a class C felony.

SECTION 2. Section 387-12, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Criminal.

(1) Any person divulging information in violation of section 387-8;

(2) Any employer who wilfully violates this chapter or of any rule, regulation, or order issued under the authority of this chapter;

(3) Any employer or the employer's agent or any officer or agent of a corporation who discharges or in any other manner discriminates against any employee because the employee has made a complaint to the employee's employer, to the director, or to any other person that the employee has not been paid wages in accordance with this chapter, or has instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings; or

(4) Any employer or the employer's agent or any officer or agent of a corporation who knowingly pays or agrees to pay any employee compensation less than that which the employee is entitled to under this chapter,

shall be guilty of a [misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for a period not to exceed one year or by both such fine and imprisonment.] class C felony."

SECTION 3. Section 388-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Criminal. Any employer who knowingly does not pay the wages of any of the employer's employees in accordance with this chapter, or any officer of any corporation who knowingly permits the corporation to violate this chapter by failing to pay wages of any of its employees in accordance with this chapter, or any employer or the employer's agent or any officer or agent of a corporation who discharges or in any other manner discriminates against any employee because the employee has made a complaint to the employee's employer, or to the director, or to any other person that the employee has not been paid wages in accordance with this chapter, or has instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, or any employer who wilfully fails to comply with any other requirements of this chapter shall be [~~fined not less than $100 nor more than $10,000 or imprisoned for not more than one year, or punished by both fine and imprisonment for each such offense.~~] guilty of a class C felony."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 1, 2050.

Report Title:

Wages; Penalties

Description:

Increases the penalty for violation of wages and hours laws to a class C felony. 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.