Bill Text: HI HB2273 | 2020 | Regular Session | Introduced
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-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2273 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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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 to a class C felony the penalty for violation of wages and hours laws.
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 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] class C felony; provided that the
fine shall be 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]."
SECTION 3. Section 388-10, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal.
Any employer who 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] guilty of a class C felony;
provided that the fine shall be 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]."
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 upon its approval.
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INTRODUCED BY: |
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Report Title:
Wages; Penalties
Description:
Increases the penalty for violation of wages and hours laws to a class C felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
