Bill Text: HI SB805 | 2020 | Regular Session | Introduced
Bill Title: Relating To Employer And Employee Relationship.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [SB805 Detail]
Download: Hawaii-2020-SB805-Introduced.html
THE SENATE |
S.B. NO. |
805 |
THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to employer and employee relationship.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the master and servant statutory language is outdated and should be updated to more accurately reflect the relationship between two parties engaged in an employment relationship.
The purpose of this Act is to replace the term "master and servant" with "employer and employee" in the Hawaii Revised Statutes.
SECTION 2. Section 233-1, Hawaii Revised Statutes, is amended to read as follows:
"§233-1 Certain relationship deemed as that of
employer-employee. Whenever a
person, firm, corporation, or the like, shall engage or continue in this State
in the business of selling tangible personal property, and shall cause such
property to be distributed to, by, or through representatives, distributors,
dealers, salespersons, peddlers, canvassers, carriers, truckers, or the like,
the department of taxation may adopt, in the manner provided by law, one or
more rules or regulations providing that for the purposes of the tax laws
administered by the department the group, class, or category of persons or
business described therein (to be determined by the department as may be
appropriate for the purposes of the particular rule or regulation) shall,
irrespective of whether the relationship or class of business otherwise would
be deemed that of seller and buyer, or principal and agent, [or
master and servant,] be deemed to be that of employer and employee;
provided that no rule or regulation adopted under this section shall apply to
any group, class, or category of persons or business as to which the department
shall determine, or it shall be shown:
(1) That the potential employee has been and will continue to be free from control or direction over the performance of the business or services undertaken by the potential employee, and also
(2) That the business or services are performed outside of all the places of business of the potential employer, and also
(3) That the potential employee is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the business or services in which the potential employee is engaged or which the potential employee has undertaken for, with, or at the behest of the potential employer.
As used in paragraphs (1), (2), and (3) "potential employee" means the person who by such rule or regulation would be classed as an employee, and "potential employer" means the person, firm, corporation, or the like, who by such rule or regulation would be classed as the employer."
SECTION 3. Section 383-6, Hawaii Revised Statutes, is amended to read as follows:
"§383-6 [Master and servant] Employer and
employee relationship, not required when. Services performed by an individual for wages
or under any contract of hire shall be deemed to be employment subject to this
chapter irrespective of whether the common law relationship of [master and
servant] employer and employee exists unless and until it is shown
to the satisfaction of the department of labor and industrial relations that:
(1) The individual has been and will continue to be free from control or direction over the performance of such service, both under the individual's contract of hire and in fact;
(2) The service is either outside the usual course of the business for which the service is performed or that the service is performed outside of all the places of business of the enterprise for which the service is performed; and
(3) The individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the contract of service."
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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.
INTRODUCED BY: |
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Report Title:
Master and Servant Relationship; Employer and Employee Relationship; Labor; Employment
Description:
Replaces the term "master and servant" with "employer and employee" throughout the Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.