Bill Text: HI HB465 | 2011 | Regular Session | Introduced
Bill Title: Dislocated Workers; Enforcement Powers; Employer
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-09 - (H) Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and Ito excused (1). [HB465 Detail]
Download: Hawaii-2011-HB465-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
465 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to dislocated workers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 394B-2, Hawaii Revised Statutes, is amended by amending the definition of "covered establishment" to read as follows:
""Covered establishment" means
any industrial, commercial, or other business entity that employs at any time
in the preceding twelve-month period, [fifty or more] any number of
persons."
SECTION 2. Section 394B-9, Hawaii Revised Statutes, is amended to read as follows:
"§394B-9 Notification; penalty. (a) An employer in a covered establishment shall provide to each employee and the director written notification of a closing, divestiture, partial closing, or relocation at least sixty days prior to its occurrence.
(b) An employer that violates this section shall be liable to each affected employee for an amount equal to back pay and benefits for the period of violation not to exceed sixty days. This liability may be reduced by any:
(1) Wages the employer pays during the notice period; and
(2) Voluntary and unconditional payment not required by a legal obligation.
(c) An employer of a covered establishment that is actively seeking a buyer for a sale, transfer, or merger shall not be required to provide the notice required under subsection (a) until the employer has entered into a binding agreement for the sale, transfer, or merger of the covered establishment that results in a divestiture.
(d) An employer who fails to provide notice under this section shall be subject to a civil penalty not to exceed $500 for each day of the violation and the amount shall be deposited in the employment and training fund under section 383-128; provided that the employer may avoid the penalty if the employer satisfies its liability to each affected employee within three weeks after the closing. In any suit, the court, in its discretion, may award the prevailing party reasonable attorney's fees and costs.
(e) Notwithstanding any law to the contrary, the department shall enforce this section and shall have, in connection therewith, all the powers and duties conferred and imposed upon it pursuant to section 371-12."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Dislocated Workers; Enforcement Powers; Employer
Description:
Authorizes the DLIR to exercise enforcement powers against an employer in a covered establishment that would require the employer to adhere to, and comply with, the notification and penalty provisions of section 394B-9, HRS. Redefines "covered establishment" to include any number of employed persons.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
