Equality and the Hawaii Family Leave Law

In the news  
     The last two weeks much of the focus of the local news has been on the status of the 2nd Special Session, that was convened to bring State law in line with recent federal developments (The overturning of section 3 of the Defense of Marriage Act)  and provide equity to Hawaii residents.  The Hawaii Civil Rights Commission, an attached agency to the Department of Labor and Industrial Relations, provided testimony in support of the measure. The Governor signed the measure on November 13, 2013, and it became Act 1, 2nd Special Session 2013.  The law becomes effective December 2, 2013.

     The previous statuses of Reciprocal Beneficiaries and Civil Unions have somehow paved the way for whatever struggle existed in assuring equal rights since the issue was raised in Hawaii back in 1991 when same-sex couples challenged the Hawaii Director of Health on being denied a marriage license (See Baehr v. Lewin, 74 Haw. 530, 1993).  Eighteen years ago, the majority report of the Commission on Sexual Orientation and the Law came to the conclusion that Act 1 realized this week.

    The Governor has provided an F.A.Q. about the effects of the Hawaii Marriage Equality Act.

Hawaii Family Leave Law
      Will Act 1 have an effect on the work we do in Wage Standards? Not likely. The law our Division administers and enforces that brings into play a married couple is the Hawaii Family Leave Law, Chapter 398, Hawaii Revised Statutes (HRS). The Hawaii Family Leave Law has always had a broad interpretation of family that is reflective of our island ohana spirit. The number of complaints we take in on this law is less than 1% of our typical annual caseload.

Definition of "parent"
      As a reminder, Hawaii law is more expansive in the definition of "parent" than the federal Family Medical Leave Act.  In Hawaii Family Leave Law the definition of "parent" includes "in-laws" and grandparents which the federal law does not.

     See: 398-1, HRS  "Parent" means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law.

     It makes one wonder, is this fodder for another in-law joke?  No comment.

Lactation breaks and posting requirements went into effect July 1, 2013

     Act 249, Regular Session 2013, was signed into law and became effective on July 1, 2013.  The Act requires employers to provide a private place (other than a bathroom) and the time for mothers in the first year of their child's birth, to express breast milk.   The law also requires employers to post a notice about nursing mother's rights.  The DLIR has provided a suggested poster that can be found on the DLIR website. 

Who's covered?
      This law protects all employees who need to express milk while at work within the first year of their child's birth.  This is a much broader application than a similar law under the Federal Labor Standards Act ("FLSA").  The FLSA provision applies only to those employees who are not exempt from the overtime law under FLSA.  The FLSA also provides that any State law offering greater protection has priority.  This means Act 249 is the standard in Hawaii for all employers.

All employers?  YES!
     The law does provide an opportunity for employers with less than 20 employees to prove that providing the space and time would impose an undue hardship.  Notice it is the employer who has to show the undue hardship if they choose not to provide the space and time required under the law. 

What kind of space and how much time?
      Act 249 specifies employers need to provide  "reasonable break time" which is not defined.  As well, the place provided must be "shielded from view and free from intrusion."  Employers who are struggling with how to provide this may reach out to proponents of the measure including  Breastfeeding Hawaii who have various suggestions and alternatives to assist employers with compliance.
     
Private right of action and penalties
   The DLIR does not enforce this law, it is enforced by court action, similar to Hawaii's whistleblower law.  Employers who fail to comply with opportunity to express milk law  may be sued in an appropriate court and be subject to a civil fine of $500 a day for violations.  In addition, employers may be liable for damages to the employee or employees who bring the private right of action in court.

What to do if employer and employee can not agree
   The law provides a legal remedy that allows a lawsuit in the appropriate court.  The Hawaii State Bar Association has a referral and information line (808-537-9140) that will provide free referrals to several attorneys that are familiar with this issue that will help you find a resolution.

Mediation may be the answer
     Employees or employers may reach out for assistance in resolving the matter through mediation.  Community mediation centers throughout the State provide professional workplace mediation.  To find out more about how this can help, you can contact a local mediation center near you.  Honolulu, Oahu - Mediation Center of the Pacific (808) 521-6767; Wailuku, Maui - Maui Mediation  (808) 244-5744;  Hilo Hawaii - Ku'ikahi Mediation Center  (808) 935-7844; Kamuela, Hawaii - West Hawaii Mediation Center - (808) 885-5525; Kauai - KEO Mediaton (808) 245-4077 Ext: 229 or 237.

Survey, Governor, and Paychecks

Governor Abercrombie visits the DLIR - Wage Standards Division (WSD).
 Photographed here with some of the WSD crew in Room 340, 830 Punchbowl St., Honolulu.
 

    So what does a survey, Governor Abercrombie and paychecks have in common?  These are all important events that happened in the Wage Standards Division last week.

Invitation to Participate in Prevailing Wage Surveys Sent Out by Snail Mail
       If you are a chlorinator, concrete mixer driver/booster driver, drapery installer, termite treater,  or water well driller, and work on public projects, you recently received an invitation to participate in an online survey from the Research and Statistics Office, our partners in the administration of the Wages and Hours of Employees on Public Works, Chapter 104, Hawaii Revised Statutes.  The five named classifications are the only classifications of work the Department independently surveys.  If you believe you should be included in the survey you must contact the Research & Statistics Office at (808) 586-9019 or by e-mail at dlir.rs.wrs@hawaii.gov as soon as possible because the survey ends August 2, 2013.
      The rest of the classifications of labors and mechanics listed in the wage rate schedules for public works jobs are dictated by the current prevailing trade union in that classification.  The determination that a particular trade union prevails was made by a federal survey some time ago.  Our partners in research and statistics have a good relationship with our federal counterparts because when we review the identified wage rates sometimes we find a discrepancy.  Because our law says the State rates can not be lower than the federal rates (see Section 104-2(b)(2), HRS), there will be a discussion on what amounts are allowable under the law to resolve our differences.
      The survey of the remaining five groups is an important survey to be able to determine accurate prevailing rates in those classifications.  If you're not participating and you work in those arenas you are depriving the industry of an accurate reflection of today's wage rates.

Governor visits WSD
     A week ago, Governor Abercrombie visited the Department of Labor and Industrial Relations on Oahu in Honolulu.  Wage Standards Division (WSD) was one stop on the tour.  We have fourteen employees working at WSD on Oahu right now and because the visit was during the summer and some were on vacation,  and the timing coincided with the lunch period, only half of the employees were available for the photo above.
     The Governor thanked everyone for participating in the economic program to get the State back on its feet.  He was referring to the pay cut everyone in our office experienced for the last 3 years as 100% general funded divsion.  While he was hesitant at the WSD meeting to commit to any specific funding issues, we had a chance to share with him the hole the Division is in that was created by the current back log of cases and the loss of unreplaced personnel over the years. We just hope he takes to heart the info shared on the charts and graphs and understands how having to make certain choices hurts both employees and employers in different ways and makes our effectiveness weaker, despite being able to celebrate some successes this year.

Paychecks returned to 2008 levels
     Last Friday, the State issued paychecks that restored 2008 compensation rates to employees who are "lagged" five days, that is those who were hired in the last century.   The 5% pay cut experienced in the last few years was restored for those general-funded employees.  Employees hired in this century will have to wait until August 5 to see their paychecks return to 2008 levels.  The State and counties are excluded from from the laws enforced by Wage Standards that require payment of wages within 7 days of the end of the pay period. (see 388-(2)(b), HRS)
      The good news is that units 3 and 4, of which we have 4 employees, will also see a little extra, as those who were due a step increase during that time will get it.  Unfortunately, the issue is not resolved because most of the WSD employees are Unit 13 and they will only see a restoration to the 2008 levels until there is some agreement in their negotiations.  We continue to be hopeful.
     So while sequestration is looming big in many jurisdictions we hope that on the see-saw of financial distribution of federal and state funding issues at the DLIR, it is our turn to be on the high side.  With unemployment at 4.6%, the lowest since September 2008, the outlook is encouraging.

Update on WSD 2013-01 regarding certain truck drivers in the asphalt paving Industry

    Last week I pointed to Memorandum WSD 2013-01, that explained our interpretation of certain truck drivers that were part of the asphalt paving industry.  As mentioned in the July 3 blog, the memo caused an immediate buzz and was the subject of many telephone conversations and meetings.  Several appeals have been filed concerning the memo so the Department has decided to suspend the implementation of the memo and has issued a notice to that end.   This will give the Wage Standards Division an opportunity to update Title 12 Chapter 22 of the Hawaii Administrative Rules to allow for a more public hearing to clarify this issue.  Updating the rules is a project that has been on the Wage Standards Division plate for a while and now is the perfect opportunity.  We'll keep you posted. 

New Links on the Website

Pay Statements     
      It's been a while since the last post and everyone in Wage Standards has been working hard to put some of the legislation that has passed this session into manageable ways to understand it.  Act 70, Relating to Wages  requires employers to provide additional information on the pay statements issued to employees. 

        Although the effective date of this law is not until January 1, 2014, we understand that many employers like to plan ahead.  While the law does not require a specific form, in articulating our interpretation it was just easier to provide a sample to explain what is required rather than repeating the narrative of the law.  The link to the information about Act 70 along with a sample pay statement can be found on our website under "Guidelines" under "Wage Laws".  There is a link to it here.

Truck Drivers on Asphalt Paving Public Works    [Note: July 10 notice suspended implementation]
      A second item we've been working on is a guideline issued to contracting agencies and contractors about the treatment of truck drivers when the spreader box or paving machine method is used for asphalt paving construction public works.  This issue has generated several questions about whether or not this type of work is included work to be reported on the certified payrolls required in construction of public works.  WSD 2013-01 will provide consistency and continuity to the enforcement of the law.

    This guideline was just posted yesterday around lunch time and we have already received several phone calls inquiring about it.  This only serves to reinforce that it is a subject that needed clarity. The link to this guideline can be found on our webpage under "Guidelines" under "Chapter 104" or you can access it by clicking here.


Other links we are still working on.
     Further developments on measures signed on July 1, 2013 by Governor Abercrombie will be forthcoming and they include:
     Senate Bill 535, CD1 (Act ____, Session Laws of Hawaii, relating to Labor, extending minimum wage and overtime protection to domestic service workers, effective July 1, 2013.
     House Bill 1068 CD1 (Act ____, Session Laws of Hawaii ), is aimed at assisting human trafficking victims, effective January 1, 2014.
     Finally Senate Bill 532, CD1 (Act ____, Session Laws of Hawaii) provides breast-feeding mothers in the workplace the time and place they need.  While this is a provision the Department will not enforce, having worked with the community on the legislation we will collaborate in developing suggested notices for employers that would meet the standard in the law.  This law was effective July 1, 2013.
      

Job Fair - May 15, Neal Blaisdell Center

     Next Wednesday May 15th, Job Fair @ Neal Blaisdell Center. 9am~3pm. Admission $3. Seniors, students, and military with valid ID, $1. For flyer click HERE.

     If you are looking for new employees call (808) 536-7222 to be included as an exhibitor.  If you are looking for a job check out http://success-hi.com where you can pre-register and get the process started!

    You  can also follow their facebook page at https://www.facebook.com/#!/HawaiiJobFairs?fref=ts

Free Prevailing Wage Workshop Scheduled

         The Division recently announced there will be a free prevailing wage workshop for construction contractors who work on state and county construction projects.  The workshop will be on Thursday, May 23, from 8:30 to 11:30, in the 3rd Floor Conference Rooms of the Ke'elikolani Building, 830 Punchbowl St., Room 310, Honolulu.  To sign up see the flyer. 

      This workshop provides an overview of the Wages and Hours of Employees on Public Works Law, Chapter 104, Hawaii Revised Statutes and the related Hawaii Administrative Rules.  This law is the State version of the Federal Davis-Bacon Act for federal construction projects and while similar, it has some very different provisions that will be hightlighted.  The class will also review sample certified payrolls to understand how to avoid common mistakes.  All are welcome.

Adjournment Sine Die

      The 2013 Session comes to an end today.  According to the Webster's Ninth New Collegiate Dictionary (and Wikipedia), the term adjournment "sine die" comes from the Latin for "without day" meaning the session is adjourned without any future date being designated.  This technically leaves the door open to special session but so far there doesn't seem to be any undercurrent that will happen, but you can never tell.

Minimum wage
      You'll recall earlier in this blog I was convinced that we'd have a new minimum wage by now.  With proposals introduced and passed in both chambers it appeared an increase in minimum wage was due for Hawaii.   As always, the devil is in the details.  While both the House Draft and Senate Draft versions of Senate Bill 331 contained increases in the minimum wage to at least $7.75 for January 2014, the details about tip credit and whether or not the rate should be tied to the Consumer Price Index could not be worked out.  So, unfortunately for the folks earning minimum wage, there won't be an increase in their paycheck unless there is national support for President Obama's proposal to raise the federal minimum wage to $9.00 or the Fair Minimum Wage Act of 2013 (H.R. 1010) that proposes an $8.20, $9.15, to $10.10 minimum wage over three years.  H.R. 1010 also ties future increases to the Consumer Price Index and includes a substantial tip credit.

Record Keeping
     Senate Bill 332, HD 2 is now Act 70, and makes some modifications to the current record keeping statute in the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes.  In addition it also requires employers to include their name and address on the pay statement in addition to the material already required.  The requirement to include the rate of pay which was previously only in the Hawaii Administrative Rules is now required statutorily.  This measure takes effect on January 1, 2014, so should provide ample opportunity for employers to adjust their record keeping and payroll systems to ensure compliance.

Domestic Service Employees
       Hawaii's Wage and Hour Law, Chapter 387, Hawaii Revised Statutes has always exempt individuals in domestic service employed in our about the home of their employer.  Senate Bill 535, CD 1 limited that exemption to only those individuals working in the home of their employer either in domestic service on a casual basis, or providing companionship services for the aged or infirm.  We have previously considered companionship services to be domestic services so that provision has not changed our treatment except to limit the exemption to those assisting the  "aged" or "infirm".  The definition of "casual basis" will get further review. If you have questions I urge you to contact me at pamela.b.martin@hawaii.gov.
    
     The biggest wage and hour impact of this measure will be on those individuals in Hawaii who work as live-in domestic service workers and are currently exempt from overtime under the Federal Labor Standards Act (FLSA) and the Hawaii Wage and Hour Law.  With the passage of SB 535 CD1, live-in domestic service workers will be subject to the Hawaii minimum wage and overtime laws.   This bill is effective upon approval, so employers with domestic workers in and about their home will need to start thinking about compliance now.

      This measure also extended important civil rights to domestic service workers who had previously been exempt.

    

Domestic Workers Senate Bill 535

    Women's caucus protecting domestic workers
     I was at the House Judiciary hearing on Thursday, April 4 for SB 535 Relating to Labor.  The bill's title is Domestic Workers Bill of Rights and extends minimum wage and overtime protections to domestic service workers who had previously been exempt.  This is not an administration package bill and it is part of the Women's Caucus package.  In addition to the extension of protections of minimum wage and overtime, the measure  extends some specific civil rights protections under Chapter 378, Part I, Hawaii Revised Statutes, so Hawaii Civil Rights Commission  as well as the Wage Standards Division were there testifying in support.

     Objections
     Before the Judiciary Committee Chair Rhoads called for the vote to pass the bill out with amendments,  Representative Thielen was quite vocal about her objections to the measure.  Her focus was not whether domestic service workers should receive minimum wage and overtime as provided in Sections 3 and 4,  her objections were on the public outreach that had not been done on this measure, mostly related to the civil rights issues in Section 1 and 2.   She voted no, and convinced Representative McDermott to vote no too.

     Lack of citizen involvement
     I thought Rep Thielen's point about how few people actually track legislation and don't even hear about it until it passes was the important message.  Her main point was the effect of this measure will not impact business just families who employ people in their homes to assist in traditional family duties.  Reiterating her support of the civil union measure and her concern for her constituents Rep. Thielen expected more public discussion on the issue. 

      Comments anyone?   
      This measure, SB 535 HD2,  is going to conference committee now and is a measure the Department supports.  No one can argue that participation of the community is essential if Hawaii wants to exercise democracy as it was designed.  Comments are always welcome. (Of course, within the guidelines of the policy for this blog.)

Pay workers for travel time to a job?

     Travel time
    The Wage Standards Division is often asked if an employer has to pay their employees for the travel time to a job site.  Sometimes this can add thirty minutes to two paid hours to the work day traveling from the employer's shop to the work place.  Who gets paid for that travel time to the job site depends on why the employees are taking the ride.

     Convenience or need?
     If the employee is required to report to the shop in the morning (e.g., attend a safety meeting, load company vehicle, etc.) and then drives/rides the company vehicle to the job site, the employee’s work day begins at the shop and ends when he/she returns back to the shop.  If the employee is not required to report to the shop and may go directly from home to the job site, but merely stops at the shop for his/her own convenience of catching a ride and no work is performed at the shop, the employee’s work day begins when the employee reaches the job site, and ends when the employee completes his/her work at the job site.

     Public works also.
     The application of the paid travel time for general business enterprises also applies to construction companies working on state and county public works under Chapter 104, Hawaii Revised Statutes.

Art in Public Places

       Today is a great day for me and I thought it was going to be a very sad one.  As part of the Art in Public Places I have lived with a large pastel drawing in my office by Kauai artist Sally French called "Hot Lips".  It is a drawing of a fire breathing monster and makes a statement about the choices we make in love.  It has  been a comforting friend for all the years I have been in this office and a whimsical point of conversation to visitors. 

      Today, was the day the State Foundation on Culture and the Arts (SFCA) removed it from my office to re-locate it to the Capitol in the office of Representative Mark Nakashima.  Representative Nakashima and I share the love for this special work of art.  I have worked side-by-side with Hot Lips in my office since 2005, so I knew giving it up  was the right thing to do, afterall, it is part of the Re-locatable Collection, and it was going to someone who would appreciate it too!

      When I called SFCA to arrange for the move, they were very sympathetic to my sense of loss and promised me an opportunity to find a new treasure.  Everyone knows change is difficult and finding love is, well, not easy.  When the curator came to my office with the stack of "available" pieces  I asked, "Do you have any Eli Baxter?"  The curator ruffled through the stack of sculpture cards and found two pieces I recognized immediately and was so happy to provide a home.  After we sifted through more than two or three dozen cards in the "large" painting category to fill the empty space on my wall. . . I found them.  Instantly,  I knew I was going to have two new friends:  Masami Teraoka's  "Janet" and "Emu Woman".  They were installed this morning and are watching over me now.

    So today, I thought I was going to lose something and instead gained four new points of inspiration!   Change is a funny thing...we dread it and when it gets there, it greets us with a big warm embrace, and we can't remember what we were afraid of.  Oh yeah, and any time I want to visit my old friend "Hot Lips" I can just visit Representative Mark Nakashima in Room 406 at the Capitol.  I love the Art in Public Places program.  Mahalo Hawaii.

   This Friday, March 1, First Friday, you can see the State collection at HISAM, and on April 5, the Capitol will participate in Art at the Capitol.  Go see for yourself! 

Minimum wage

    Similar Ideas
     Just when I thought Hawaii was going to get ahead of the federal minimum wage the President announces in his State of the Union that he wants to raise minimum wage to $9.00 and then tie it to an index that will automatically adjust it, and reminds everyone his competition agrees with him!  This is what he said:

Tonight, let’s declare that in the wealthiest nation on Earth, no one who works full-time should have to live in poverty, and raise the federal minimum wage to $9.00 an hour. This single step would raise the incomes of millions of working families. It could mean the difference between groceries or the food bank; rent or eviction; scraping by or finally getting ahead. For businesses across the country, it would mean customers with more money in their pockets. In fact, working folks shouldn’t have to wait year after year for the minimum wage to go up while CEO pay has never been higher. So here’s an idea that Governor Romney and I actually agreed on last year: let’s tie the minimum wage to the cost of living, so that it finally becomes a wage you can live on.
        See http://www.whitehouse.gov/the-press-office/2013/02/12/president-barack-obamas-state-union-address-prepared-delivery
 

    If this sounds familiar, on January 22, Governor Abercrombie made a similar statement.

 Many of Hawaii’s residents are the products of plantation-era workers – people who worked and toiled in the fields, earning the bare minimum in order to afford a better opportunity for their families.

Today, there still exists a hard-working sector of our society that deserves continued recognition. These are the working-class residents who earn the minimum wage. The minimum wage, currently at $7.25 per hour, has not increased for over 6 years. Nineteen other states plus the District of Columbia have higher minimum wage rates than Hawaii, with less to confront in terms of cost of living.

Therefore, I will be proposing a bill to increase the minimum wage by $1.50, to $8.75 starting in January 2014. Minimum wage earners provide immediate infusion of dollars into the economy. Everyone is worthy of their labor. Industry and corporations do not lack for support in these halls. Neither should those who work the hardest for the least return.
    See: http://governor.hawaii.gov/2013-state-of-the-state/

What's the difference?
      The Governor has already introduced  House Bill 916, that proposes we raise the minimum wage to $8.75 as of January 1, 2014, then each first of the year beginning January 1, 2015, the consumer price index would be used to keep the minimum wage on pace with the economy.  Ten other states already do a version of this.  See Arizona, Colorado (Article XVIII, Section 15 Colorado Constitution), Florida, Missouri, Montana, Nevada, Ohio,  Oregon, Vermont and Washington.

    The cost of living index used to adjust minimum wage in House Bill 916 is  the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).  This is the same type of index used in calculations in other states with this method.  The difference will be the Consumer Price Index used for each state will relate to the respective State, while the National minimum wage will likely be a national average.   So while similar adjustment factors are used, the percentages of the change will be different to reflect the local area experience.

      Another measure modifying the minimum wage that is still active in the Senate is Senate Bill 331,SD2.  This bill increases the minimum wage in three stages ($8.25 by January 1, 2014; $8.75 by January 1, 2015; and $9.25 by January 1, 2016) then each year from January 1, 2017 adjusts the minimum wage by the same index as House Bill 916, although SD2 articulated Honolulu region.

     Finally, there is a third minimum wage provision House Bill 1028,HD2 ,  that has just four stages of increase ($7.75 on January 1, 2014; $8.25 January 1, 2015,  $8.75 on January 1, 2016 and $9.00 on January 1, 2017 HD2 version)  without any adjustment by the Consumer Price Index.  If the President is successful in putting a minimum wage of $9.00 in place with adjustments each year by the Consumer Price Index, the proposal in House Bill 1028 will not keep up with the federal limits.

Tip credit
      House Bill 916,  also includes an increase in tip credit.  Employers who have tipped employees would be allowed to deduct 30 cents from the minimum wage as long as the employee is earning a combined amount from wage and tips of an additional 50 cents per hour in tips.  So if the minimum wage were $8.75,  the employer may pay the tipped employee $8.45 per hour, as long as the combined amount of wages and tips is at least $9.25.

    SB 331, SD 2, now contains an undetermined amount of tip credit.

(This blog was updated 3/4/13 to reflect current Senate and House Drafts)




 

New Wage Rate Schedule for Public Works Posted

 The Wage Rate Schedule (WRS) for laborers and mechanics on public works construction jobs effective February 18, 2013, is posted on the DLIR Website at http://labor.hawaii.gov/rs/home/wages/72-2/.  By law (Section 104-2, HRS), the Director is required to issue the current prevailing wages for the duration of the project.  Contractors are required to pay the amounts that are currently prevailing whenever a new WRS is issued.  This means that as of Monday, WRS Bulletin 481 rates will apply to all laborers and mechanics on state and county construction public works.  Remember Monday is a state holiday, so the rate is 1.5 times the basic hourly rate plus the fringe benefit amount to get the overtime rate for each classification!

For other related information about Hawaii prevailing wage law, Chapter 104, Hawaii Revised Statutes, check out our Wage Standards Division Prevailing Wage Information Page.

DLIR Annual Report Released

  The Annual Report for the Department of Labor and Industrial Relations for Fiscal Year 2012 was posted today.  You can find it under Reports at labor.hawaii.gov.  Providing this document for public review is an important element of transparency. 

Divisions suffer staffing shortages

Yes, it makes interesting reading even if it is somewhat dismal.  Many divisions are still struggling with staffing issues and laden with work that is slowly, being processed.  The important part of that sentence is "being processed".  Each area is working hard despite the thin ranks to keep the wheels turning.

Accomplishments

Despite low staffing issues each Division had important accomplishments in FY 12 I hope you will read about.  The Wage Standards Division managed to recover almost one million dollars in back wages for 362 employees.  In addition almost $85,000 was paid to the general fund in penalties.  More than half of the amount recovered under the prevailing wage law in Fiscal Year 12 can be attributed to one case that was distributed to 64 employees.  

Looking forward

With the legislature in full swing, it already looks as though minimum wage is going up as bills have made it past the first comittees on both the Senate (SB331 SD1)and House (HB 916) side.  Now the question seems to be, what level and when?  Only time will tell.

Hilo Retirement Leaves Big Island Without WSD Presence

Hilo LLES Retires

Today is the last day for our Hilo Labor Law Enforcement Specialist (LLES), Lori Hamada.  She is retiring from State employment after 31 years, 23 of them with Wage Standards!  Our best wishes for a happy and healthy retirement for Lori, she has given so much to the Wage Standards Division and the Hilo District Office.  The most important part of her job was serving the community, assisting employers with compliance and recovering unpaid wages for employees of Hawaii Island.

Calls forwarded to Oahu

We recognize that Lori has been a resource for employers asking about guidance for compliance and employees seeking assistance in getting their earned wages.  The Hilo phone number will still be active but all calls will be forwarded to Oahu specialists.  Questions and complaints will be resolved by specialists on Oahu, Maui, and Kauai as they are available.

Limited Walk-in Service available in Hilo

Sixteen and seventeen year olds will still be able to obtain child labor permits at the counter, although we encourage all teens to go online to apply.  Complaints can also be brought to the counter in Hilo, but faxing or mailing them to Oahu will be the most direct route.  Our Oahu address and contact information on Oahu is: 

830 Punchbowl Street, Room 340
Honolulu, Hawaii 96813
Phone: (808) 586-8777 
Fax:  (808) 586-8766

Thank you for your patience until we can get a replacement.

House Labor and Public Employment Committee Visits Wage Standards

Pictured left to right:  House Labor Committee Chair Mark Nakashima,
Kyle Yamashita,Vice Chair Mark Hashem, Bill Kunstman (behind)
 Director of Labor  Dwight Takamine, and Deputy Director Audrey Hidano



 LAB Visits DLIR

Members of the House Labor and Public Employment Committee made a visit to the Department of Labor and Industrial Relations today.  Pictured here is some of the entourage at the Wage Standards Division customer counter.

Minimum Wage Bills

 One of the important issues being raised during this session will be an increase in minimum wage.  The Governor mentioned it on Tuesday in his State of the State address.  The Wage Standards Division enforces the minimum wage that is found in the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes.  There hasn't been an increase in minimum wage since 2007.  The federal minimum wage and Hawaii minimum wage have been the same since July 24, 2009.  It surprises me that serious consideration of this idea has taken so long.  With the economy looking like it's on the rebound, the time is ripe.

For a historical reference of minimum wages at the federal and various states click here. The administration proposal for a minimum wage increase is in HB 916 and SB1147.  There are several other minimum wage increase proposals and I'm sure we're headed for some lively discussion about the pros and cons of all.  I look foward to some engaging commentary.  See you at the Capitol!

Split Shifts

      An interesting question presented itself this week asking for an interpretation of the Hawaii law on split shifts.  The law is found in the Wage and Hour Law, Chapter 387, Hawaii Revised Statutes (HRS).   More specifically in section 387-3(f), HRS, and reads:
 

        " (f) No employer shall employ any employee in split shifts unless all of the shifts within a period of twenty-four hours fall within a period of fourteen consecutive hours, except in case of extraordinary emergency."  (Section 387-3(f), HRS)

24 hour period begins with first shift

       The request asked for a clarification on whether the twenty-four hour period referred to a 24 hour single working day or a rolling 24 hour period.  The answer to the question phrased in those terms is a "rolling" 24 hour period that begins with the beginning of the first shift and ends 24 hours later.  For example, if the first shift begins at 8 a.m. on Monday, the 24 hour period ends at 7:59 a.m. on Tuesday. 

 

All shifts begin and end within 14 consecutive hours

        All split shifts in a 24 hour period must start and end within the 14 consecutive hour period. The 14 hour period begins with the start of the first shift and coincides with the 24 hour period.  All shifts must end within the 14 consecutive hour period.  Merely scheduling the start of a second shift within the 14 consecutive hours would not be in compliance. For example, if the first shift is from 8 a.m. to 1 p.m. and the second shift is from 6 p.m  to 9 p.m. the arrangement would be in compliance with the split shift law because there is only 13 hours from the beginning of the first shift to the end of the second shift.  If this example were modified so  the second shift ended later than 10 p.m., or more than 14 hours after the beginning of the first shift,  the employer would be in violation of the split shift law. 

No split shift premium required
        Hawaii law requires employers to pay at least minimum wage for the hours worked.  If the split shifts are 8 a.m. to 1 p.m. and 6 p.m. to 9 p.m., wages are due for 8 hours of work.  There is no split shift premium required by law.  

New Website to Launch January 15

"Post-it" version of WSD Website

      How did we ever manage without our website?  I can't remember. Now it is a 24/7 resource for employees and employers alike and  I suspect there are many "bookmarked" pages.  I wanted to warn folks that on January 15, a new website will be launched.  It may be frustrating at first because all your links may be broken, but the new website is much more efficient and will operate faster.  It also has a much better "search" feature so it should be easier to find those new bookmarks in the new website.
    
 All the Divisions in the Department are working to make sure the new website has all the info needed to provide a seamless transition.  At the very least the contact information will be there if you are having trouble.

Losing "Post-it" design, not substance.

     At Wage Standards, we are saying good-bye to the creative "post-it" design built by our summer help Tommy Sugiura back in 2010.  It is a fun design that has received positive comments from our clients.   The new format is following a similar structure with many of the same headlines.  "Find a law", "About Us" and "Contact Us"  will remain the same.  The information behind the "post-it" topics will be the same, just arranged a little differently.  

Second Phase

  This first phase being launched on January 15 is part of a larger plan to provide a more unified web-based approach for State business.  Phase one is a precursor to being able to provide data and information about the Division's activities in real time.  It is our intention that the changes will enhance the performance of the website and translate into more transparency and accountability.  It is a very exciting project!

WSD Administrator Back on the Job

    The Administrator of Wage Standards has been on special assignment over the last year assisting with rule changes in HIOSH's Boiler and Elevator Branch, among other projects.  While wrapping up some of those projects will linger into this new year, Pamela Martin will be returning to the Wage Standards Division and relieving Russell Horikawa of his Acting Administrator duties.  Russell has done an admirable job as Acting Administrator and everyone is grateful for his leadership.  Wage Standards is looking forward to a productive 2013!