Bill Text: HI SB854 | 2017 | Regular Session | Amended
Bill Title: Relating To Labor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2017-03-09 - Referred to LAB, JUD, FIN, referral sheet 27 [SB854 Detail]
Download: Hawaii-2017-SB854-Amended.html
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THE SENATE |
S.B. NO. |
854 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LABOR.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 388, Hawaii Revised Statutes, is amended by adding four new sections to part I to be appropriately designated and to read as follows:
"§388-A Notification of stop-work order. (a) When the department of labor and industrial relations, as a result of investigation by the department, finds that a violation of this chapter or administrative rules adopted under this chapter has occurred, the department shall issue a notification of stop-work order to the employer in violation.
(b) A notification of a stop-work order shall be final and conclusive unless the employer files a written notice of appeal with the director within twenty days of the date of service of the stop-work order.
(c) A hearing on the written notice of appeal shall be held by a hearings officer appointed by the director pursuant to chapter 91 within days from the date of the notice of appeal. A decision stating the findings of fact and conclusions of law shall be rendered by the hearings officer within days after the conclusion of the hearing.
§388-B Stop-work order violation; penalties. The department of labor and industrial relations shall assess a penalty of $1,000 for each violation of this chapter or the administrative rules adopted under this chapter.
§388-C Stop-work order; withdrawal; penalties remitted. In the absence of an appeal and within twenty days of the date of service of the stop-work order, the director may withdraw or modify the stop-work order or remit all or any part of a penalty assessed if good cause is shown; provided that the employer in default complies with this chapter and the administrative rules adopted under this chapter.
§388-D Judicial review. Any party to an appeal under this chapter may obtain judicial review of the decision by appeal in the manner provided in chapter 91."
SECTION 2. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059.
Report Title:
Stop-Work Orders; Enforcement
Description:
Authorizes the Department of Labor and Industrial Relations to issue a stop-work order to an employer for violations of chapter 388, Hawaii Revised Statutes, relating to the payment of wages and other compensation, or administrative rules adopted pursuant to that chapter. Establishes the process for notification of an employer of a stop-work order, appeals process, penalties for violations, and judicial review. Takes effect 1/7/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
