2014 Legislative Session

 May Day was adjournment sine die for the second year of the 27th Legislature.  The Wage Standards Division is anticipating that Governor Abercrombie will sign the four measures Wage Standards has been watching that passed out in conference drafts.  Here is what we see is important for folks to pay attention to:

Minimum wage
SB2609, CD1 eventually raises the current minimum wage of $7.25 to $10.10 by January 1, 2018.  The minimum wage will be increased by 50 cents in 2015, 75 cents in 2016, 75 cents again in 2017, then an 85 cent increase in 2018 to reach $10.10.  The tip credit will be increased also, from the current 25 cents to 50 cents in 2015 then to 75 cents by 2016.  The proposed law also requires employees to earn at least $7.00 above minimum wage before an employer can take the tip credit.  This threshold used to be 50 cents.   How the $7.00 figure was arrived is included in the update of the April 22 blog.

Pay Cards and Direct Deposit
HB1814 CD1 when signed will officially legalize the use of direct deposit and pay cards as a method of payment of wages.  Previously, only a declaratory order had allowed the use of pay cards.  The law did not change an essential element that has always been required for both which is the use of either must be voluntary on the part of the employee.   The signing of this measure will make the suspension notice issued in April moot.  The effective date of the measure, Sept. 1, 2014, should provide adequate opportunity for companies using pay cards to come into compliance with the new requirements of the law.

Prevailing Wage Penalties
SB2260 CD1 increases the penalty from $1,000 to $10,000, for interference or delay including falsification of certified payrolls.  It also increases the daily penalty for delay from $100 to $1,000 a day.  The measure also makes some housekeeping amendments to the law to facilitate enforcement.

HB2413 CD1 clarifies that construction of private-public partnerships is subject to the Chapter 104, Hawaii Revised Statutes.

More to come on these issues.

Hawaii Domestic Workers Have Rights

 

Yesterday was the kick-off of an educational campaign that in Hawaii Domestic Workers Have Rights.  The Governor's wife, Dr. Nanci Caraway, convened the working group that brought public agencies and private community organizations together to develop a multi-lingual outreach program.  A website on the DLIR provides the information about the new protections.  http://labor.hawaii.gov/domestic-workers-rights/. 

     Who is covered?
      The new domestic worker rights cover individuals working in the homes of their employers who  clean, cook, do laundry, care for children, do the landscaping and other domestic jobs around the house.  Unless a domestic worker is considered a "casual" worker, one who works less than 20 hours a week, domestic workers have a right to receive at least minimum wage for every hour worked and to receive overtime for any hours worked over 40 in one work week.  The law covers  workers who live at their employers home and workers who come just for their shifts.

    A video of the launch can be found at http://www.youtube.com/watch?v=fqKuuJruwWg

Elevator Admin Rules Hearing set for May 14

   The Elevator and Boiler Branch of the Hawaii Occupational and Safety Health Division (HIOSH) is having a hearing on the proposed elevator rules May 14, at 1:00 in room 427, 830 Punchbowl St.  A review of the Small Business Regulatory Review Board on January 22, 2014, is summarized in the Board minutes.    The hearing notice and proposed rules can be found on the HIOSH website at:
http://labor.hawaii.gov/hiosh/proposed-rules/.