Bill Text: HI SB3152 | 2024 | Regular Session | Amended
Bill Title: Relating To The Wage And Hour Law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB3152 Detail]
Download: Hawaii-2024-SB3152-Amended.html
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THE SENATE |
S.B. NO. |
3152 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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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:
SECTION 1. Section 387-1, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:
""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 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3.
This Act shall take effect on July 1, 2050.
Report Title:
Wage and Hour Law; Employee; Guaranteed Compensation; Employer Recordkeeping
Description:
Repeals the categorical exclusion of employees who receive a guaranteed compensation totaling $2,000 or more a month from the protections under Hawaii's Wage and Hour Law. Takes effect 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
