Hawaii Legislation to Watch

The 2018 Hawaii State Legislature convened on January 17. Among the bills introduced or carried over from 2017, the following are of particular interest to employers:

HB 1010: Makes it unlawful for any employer to suspend, discharge, or discriminate against any employee based on the individual's status as a registered qualifying patient under the Medical Use of Marijuana Law. 

HB 1629: Requires certain employers in the retail, hospitality, and food services to provide employees with advance notice of work schedules. Authorizes an employer to create voluntary standby lists. Requires overtime pay for employees who work during certain rest periods between work shifts. Requires overtime pay if employer gives no advance notice of work schedule.

HB 1640: Prohibits employer disputes of workers' compensation claims without reasonable cause or while the claim is pending investigation. Establishes negotiation, notice, and review procedures for disputed claims. Establishes penalty for failure to negotiate in good faith. Permits service providers to charge interest on late bill payments.

HB 1727: Requires employers to provide a minimum amount of paid sick leave to employees to be used to care for themselves or a family member who is ill or needs medical care.

SB 14: Increases minimum wage to $11.00 per hour beginning 01/01/19, $12.00 per hour beginning 01/01/20, $13.00 per hour beginning 01/01/21, $14.00 per hour beginning 01/01/22, and $15.00 per hour beginning 01/01/2023. Requires DBEDT to conduct assessment on living wage in Hawaii and submit report to legislature on its findings by 01/01/2020.

SB 267: Increases the minimum wage to $12.00 per hour beginning 1/1/2020 and $14.00 per hour beginning 1/1/2022.

SB 1117: Increases the amount of guaranteed monthly compensation required to exempt an individual from minimum wage, overtime, and record keeping requirements under the Hawaii wage and hour law. Establishes a formula for calculation of the guaranteed monthly compensation that ties it to the applicable minimum wage. Removes exemptions for automobile salespersons and golf caddies from the wage and hour law.

SB 1165: Allows the counties to set a county minimum wage at a rate higher than the state minimum wage rate and a reduced county minimum wage rate for minors under eighteen that is at least 80 percent of the county minimum wage rate. Increases the minimum wage by $1.00 each year until 2023 to reach $15.10 per hour.


Update 5/4/18: In the end, none of the above bills made it out of the 2018 session. See our post regarding two employment-related measures that have moved on for the Governor's signature.