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!